Most Popular Q&As

Can I record conversations or meetings with my boss?

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.

I have been placed on “garden leave” by my employer

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.

Can I get sacked because I have a personality conflict with a manager?

You might be bullied at work because you have a personality conflict with a fellow employee or a manager.

I set up a company, and now it has become deregistered. What should I do?

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).

What can I do if I was forced to sign a dead of release upon termination of employment?

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.

I did not sign an employment contract, what rights do I have?

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.

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.

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.

Can I take back my resignation?

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.

Is micromanaging bullying?

Definition of micromanagement Micromanagement occurs when managers unnecessarily interfere with, involve themselves in and overly interact with you and your work on a regular basis.

Can My Employer Extend My Probation Period?

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”).

Can I still bring a discrimination claim against my former employer if I resigned?

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.