Laws that apply to me

I work for the Victorian Public Sector and my position has just been declared a surplus. What are my rights? Will I be offered a Targeted Separation Package?

The declaration of a surplus of positions to departmental requirements is not to be used by the Department to deal with unsatisfactory performance or conduct, and you should not be unlawfully discriminated against.

Do I have the same employment rights as an Australian citizen if I am on a Temporary Skills Shortage Visa?

Being on a Temporary Skills Shortage Visa doesn’t afford you any less protection at work compared to an Australian citizen. As long as you have a valid visa, you can refer to rights stipulated under the Migration Act 1958 and the Fair Work Act 2009.

Do Enterprise Agreement votes need to be private?

An employer may request that any employee that is covered by a proposed enterprise agreement, approves the agreement by voting for it. The Fair Work Act 2009 (Cth) provides that an employer cannot request an employee to vote on an enterprise agreement until the employer has met 3 requirements.

My employer has decided not to renew my fixed-term contract. Do I have any legal recourse?

There are certain circumstances where employees on a fixed-term contract are entitled to bring forward an unfair dismissal claim. If you feel discriminated against, read on.

My company has lost a tender for a project I was employed under, am I entitled to a redundancy?

When an employee is hired for the purpose of a particular contract, loss of that contract can often result in loss of job, without redundancy.

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.

What does the Long Service Act 2018 mean for me?

Important changes have come into place under the Long Service Leave Act 2018 (Vic).

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.

Am I able to record conversations with managers / other employees?

Advances in modern technology make it extremely easy to covertly record conversations in the workplace with managers or other employees. The Surveillance Devices Act 1999 (Vic) and other legal precedence set limitations on when recordings can be used to support an employee’s case.

I have been given a warning letter I do not agree with. Do I have to sign it and how I do contest it?

You are not required to sign a warning letter and you should certainly not do so if you consider the warning to be unjust or unreasonable.

What processes should a company follow before making a redundancy payment to you?

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.

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.