If you believe your employer has unfairly or unjustly made your position redundant, it may have failed to follow procedural requirements surrounding the redundancy of your position. Your employer is obliged to follow a process prior to making the redundancy package payment.
Fair Work Act 2009
Do I have a right to know what allegations have been made against me and a right to the investigation results?
An employee has a right to procedural fairness during an investigation process into allegations raised against him/her. This means, that the employee has a right to defend themselves against allegations made against them.
Unions play an important role in the workplace by representing the interests of employees during workplace disputes and acting as a bargaining representative during negotiations. However, it is unlawful for your employer to force you to join a union.
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.
In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.
In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?
Under the Fair Work Act 2009 (Cth), a high income employee is classified as someone whose pro-rata employment salary is equal to or above the high income threshold.
How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.
As an employee you are entitled to have a support person at a disciplinary meeting. This entitlement also extends to a performance management or investigatory meeting. In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.
Under the Fair Work Act 2009 (Cth) (‘Fair Work legislation’) all employers need to comply with the minimum requirements set in the National Employment Standards (‘NES’) and any relevant industrial award.
My employer has made allegations against me but has only given me a limited time to respond. Do I have to respond within their deadline?
At common law, employers are not under an obligation to conduct workplace investigations in a manner that is fair or reasonable: see Commonwealth Bank v Barker (2014). Despite this, the law does provide workers with very powerful protections against the unreasonable and capricious demands of their employers. Therefore an employee has to be very careful how he/she participates.