Most Recent Q&As

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
136 views

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?
165 views

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?
186 views

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.

Gambling at work – can an employer be held liable?
170 views

Gambling at work – can an employer be held liable?

The introduction of smart phones and tablets has created an easily accessible portal for gamblers to place bets whenever and wherever they want, including at work and during working hours. The Australian Bureau of Statistics found that 3.3 million Victorians participate in gambling annually and while the common purpose may be recreational, research has proven that gambling addictions are prevalent in our society and has a range of negative social, financial and physical effects

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

Are there circumstances when discrimination is permitted?

Section 351(1) of the Fair Work Act 2009 (Cth) provides protection against adverse action based on an employee or prospective employee because of their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Can my employer request that I work more than 38 hours per week?
201 views

Can my employer request that I work more than 38 hours per week?

It is common for an employer to request that an employee work additional hours. However, an employee has a right to question whether the unpaid overtime is necessary and legal.

Can a casual employee make an unfair dismissal application?
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Can a casual employee make an unfair dismissal application?

Initially, casual employees were only engaged in work on an as-needed basis, worked irregular shifts and their employment period would start and end on the hours they worked. Due to such irregularity, it was impractical for dismissal rights to be extended to them.

However, with the evolution of company structures, casual employment has evolved and it has become more common for companies to depend on the regular availability of their casual employees to sustain business. To keep up with this modern workplace structure, the Fair Work Act 2009 (Cth) extended the eligibility of unfair dismissal claims to casual employees who fulfil certain criteria:

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

Do I have a right to take time off for a cultural or religious holiday if the day is not recognised as a public holiday?

There are many religious or cultural holidays observed in Australia that are not recognised as public holidays. This may mean that employees are wanting to take leave so that they can participate in a religious or cultural celebration or event

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