I recorded my termination meeting because I was fearful that the employer would say that I resigned and was not sacked if I later brought an unfair dismissal claim.
Most Popular Q&As
Garden leave is the colloquial term used where an employer does not require you to attend the workplace but will still pay your usual remuneration during the period of garden leave. You remain an employee throughout the period of garden leave.
You might be bullied at work because you have a personality conflict with a fellow employee or a manager.
ASIC and the Corporations Act 2001 (Cth) If you decide to create a company in Australia, it is governed by the Corporations Act 2001 (Cth).
You may have been employed by your employer for a long period of time and feel that you are valued. On this basis, you may feel that your position is not under threat.
You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:
- The National Employment Standards in the Fair Work Act 2009 (Cth);
- Any applicable industry modern award;
- An employer-specific enterprise bargaining agreement; and/or
- Rights under other pieces of legislation.
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.
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.
Typically, an employment agreement exists between an employer and an employee, whether it is an oral or written contract. Employment terms can otherwise be found in awards or enterprise agreements.
Resignation is a termination of the employment agreement at the initiative of the employee. A resignation will be valid where there is an unequivocal intention by the employee to no longer be bound by the employment agreement. This is best effected in writing and with appropriate notice as required by the agreement or industrial instrument.
A probation period is a period of time at the beginning of your employment, usually specified in your employment contract, during which both you and your employer have the ability terminate the employment at any time. Probation periods allow both parties to assess the suitability of the candidate and the role, without imposing an obligation on your employer to warn you about your performance prior to deciding to terminate your employment. However, if you are terminated during your probation period your employer must still give you a minimum period of notice under the Fair Work Act 2009 (Cth) (“FWA”).
Just because you have resigned from your position does not mean you have forfeited your right to make a claim against your former employer for discrimination.