Entitlements?

Employment is governed by rules and regulations set out in an award, registered agreement or an employment contract.

Regardless of your employment status, that is whether you’re employed on a full time, part time, casual or contract basis, you will be permitted to some sort of entitlements.

Employment Lawyers
80 views

I am on WorkCover and my employer has proposed to transfer me to another position with reduced responsibilities and pay. What can I do?

If your employer attempts to alter your role without genuine reason it could be a breach of section 340 of the Fair Work Act 2009 (Cth) insofar as your employer has taken adverse action for a prohibited reason.

I am being bullied on social media by my colleagues, what can I do?
77 views

I am being bullied on social media by my colleagues, what can I do?

It is common to interact with work colleagues on social media, but these interactions are not always friendly. If you are being bullied or harassed on social media by your colleagues, you may be entitled to lodge a stop bullying claim with The Fair Work Commission, under the Fair Work Act 2009 (Cth).

 

 

How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
191 views

WorkPac v Skene [2018]- Am I still a casual employee if I work full-time hours?

Whether you will be classified as a casual employee will be determined by assessing the true nature of your employment relationship.

 

left a well-paying job for a new role, but am now being made redundant
217 views

I have left a well-paying job for a new role, but am now being made redundant. Do I have any legal recourse?

Even when a redundancy can be proved to be genuine, there may still be legal recourse in circumstances where your employer engaged in misleading and deceptive conduct.

Employment Lawyers
184 views

I am dealing with family and domestic violence and it is impacting my ability to effectively function at work. What can I do?

Changes entitling employees to take unpaid family and domestic violence leave are in effect from 1 August 2018.

Employment Lawyers
627 views

My employer has changed my regular hours of work. What are my legal rights?

If an employer is seeking to change your working hours, they must ensure they are acting within the confines of the law. This includes adhering to contractual obligations, engaging in appropriate consultation and ensuring that the change is not a result of any discriminatory reasons.

Unfair Dismissal Lawyers
923 views

Can my employer force me to take annual leave over the Christmas holidays?

With over a quarter of Australian workers forced to take annual leave over the Christmas holidays when business is slow or shut down, it is critical that employees understand their rights in relation to mandated leave.

The general rule is that employers are entitled to direct employees to take annual leave where the request is reasonable. This includes situations where:

  • the employee has accrued excessive annual leave; or
  • the employer’s operations are temporarily shut down.
Unfair Dismissal Lawyers
994 views

Am I entitled to be paid out my owed time in lieu upon being made redundant?

Being made redundant can be an incredibly stressful time for any employee.  With all the upheaval, it can be unclear what rights you have available to you as an employee. While the process of seeing through a redundancy can be quite complex, it is important to understand what you are entitled to in order to ensure you receive what you are duly owed.

Unfair Dismissal Lawyers
1026 views

Am I entitled to an Annual Pay Rise?

In Australia, it is most common that an employer will have absolute discretion to decide whether an employee is entitled to receive a bonus or pay rise.

Unfair Dismissal Lawyers
1200 views

Is sick leave paid out on termination?

Generally speaking, under s 101 of the Fair Work Act 2009 (Cth) employees are not allowed cash out sick leave unless their modern award or enterprise bargaining agreement (EBA) contain specific terms which allows for sick leave to be paid out on termination of employment.

Unfair Dismissal Lawyers
840 views

If I am a high income earner with outstanding bonuses and commissions from my previous employment, what can I do?

Generally bonuses and commission payments arise from a contract of employment. Accordingly, if bonuses or commissions remain due an employee has a right under their contract to recover these amounts.

Further, section 323 of the Fair Work Act 2009 (Cth) applies to ‘incentive-based payments and bonuses’ meaning there may also be a breach of the Fair Work Act 2009.

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?
909 views

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?

It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.

 

User Guide to the Fair Work Act

This is your best guide to the complex Fair Work Act. It makes navigating the act easy.

Accessing the Law

Lots of laws apply to you

Everyone's situation is different but...

Fair Work Act 2009 - protection and compensation

Read how this act applies to your situation.

Dealing with misleading conduct by your employer

The Competition and Consumer Act plays an important role...

Court Links

See a list of courts and other institutions.

  • McDonald Murholme employment lawyers Call 03 9650 4555 or Email
  • This field is for validation purposes and should be left unchanged.
Talk to a lawyer