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.
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.
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).
Whether you will be classified as a casual employee will be determined by assessing the true nature of your employment relationship.
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.
Changes entitling employees to take unpaid family and domestic violence leave are in effect from 1 August 2018.
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.
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:
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.
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.
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.
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.
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.
This is your best guide to the complex Fair Work Act. It makes navigating the act easy.
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...
See a list of courts and other institutions.
