Most Recent Q&As

Can my employment conditions be altered due to COVID-19?
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Can my employment conditions be altered due to COVID-19?

Premier Daniel Andrews’ most recent statement announced the shut down of all non-essential activity across Victoria to combat the spread of coronavirus. This includes the immediate closure of all restaurants, pubs, casinos, gyms, places of worship and entertainment centers, leading to the displacement of many employees

What happens if my employer closes the business as a result of COVID-19?
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What happens if my employer closes the business as a result of COVID-19?

The COVID-19 pandemic is affecting businesses across Australia and the course of the pandemic remains very uncertain. It is foreseeable that if the virus continues to spread, it will further impact businesses that may result in some shutting down temporarily or permanently.

Redundancy Lawyers
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Can I be discriminated against by my employer for holding a criminal record?

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.

Can I be classified as an employee of a business if I’m a director or a partner in a business?
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Can I be classified as an employee of a business if I’m a director or a partner in a business?

The Fair Work Act 2009 (Cth) and industry awards and/or enterprise bargaining agreements provide industry and national minimum standards and safeguards for employees. These safeguards apply to entitlements including leave, remuneration, and redundancy payment(s). The Fair Work Act 2009 (Cth) protects your rights via a means that your employer cannot contract out of.

Can I refuse to attend work If I believe the conditions are not safe?
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Can I refuse to attend work If I believe the conditions are not safe?

Under Australian Common Law, employees have an implied duty of obedience and cooperation within their employment relationship. This means that it is an employee’s duty to obey an employer’s lawful and reasonable direction.

I primarily work in Victoria but am employed by an interstate company. What are my employment rights?
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I primarily work in Victoria but am employed by an interstate company. What are my employment rights?

The Fair Work Act 2009 is the key legislative instrument regulating employment in Australia. There are, however, certain employment-related matters beyond the scope of the Fair Work Act 2009 that continue to be governed at the State and Territory level.

I have been personally affected by the bushfires; do I need to attend work and can I volunteer?
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I have been personally affected by the bushfires; do I need to attend work and can I volunteer?

Natural disasters often result in employees requiring time off to care for themselves or their family. Employers should keep in mind the health and wellbeing of their staff when granting access to leave entitlements as state workplace health and safety laws provide for a general duty of care toward employees that should be considered.

 

Employment Lawyers
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Am I entitled to remuneration for training as part of my employment?

When you start a new job, it is common for your employer to require you to undertake training. If you have completed on-the-job training or an online course, you may be wondering, ‘am I entitled to remuneration for the training period?’

I am being bullied at work. How can I diplomatically resolve the situation?
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I am being bullied at work. How can I diplomatically resolve the situation?

The modern-day workplace is filled with a diverse range of employees who hold different views and opinions, so it is only natural for disagreements to arise. Bullying is often an unfortunate outcome of such disagreements and due to the fragile nature of many professional relationships, resolving the situation is often a difficult predicament for the victim.

Can my employer ask me about my medical history during the recruitment stage?
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Can my employer ask me about my medical history during the recruitment stage?

During the recruitment process, your employer may ask you questions pertaining to your medical history relating to your ability to perform the inherent requirements of the role.

Can an employer be held vicariously liable for their employee?
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Can an employer be held vicariously liable for their employee?

Vicarious liability occurs when one party can be found liable for another party’s actions. In an employer/employee relationship, employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment.

I believe that my employer has been underpaying my superannuation. What are my rights?
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I believe that my employer has been underpaying my superannuation. What are my rights?

Employers are required to contribute at least 9.5 per cent payable at least every 3 months. An employee may elect to salary sacrifice, whereby an additional concessional contribution amount is paid from your pre-tax salary to your nominated superannuation account.

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