Entitlements?

I have been dismissed by my employer and have a strict restraint of trade clause. Does this clause still apply?

A restraint of trade clause will only apply to you if your employer can establish that it is ‘reasonable’. For the restraint to be ‘reasonable’ your employer must show that the restraint of trade clause is reasonably necessary to protect a legitimate interest of the employer’s business.

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?

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.