The Fair Work Act 2009 (Cth) and the Equal Opportunity Act 2010 (Vic) prevents employers from discriminating against employees based on protected attributes. Whilst the list of protected attributes is exhaustive, neither of these legislations include the holding of a Criminal Record as a protected attribute, making criminal record holders particularly vulnerable during employment processes.
Fair Work Act 2009
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.
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).
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.
Find out your sick leave entitlements, and when disciplinary actions during sick leave are lawful.
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.
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.