Most Recent Q&As

What processes should a company follow before making a redundancy payment to you?
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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?
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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.
Am I entitled to be paid out my owed time in lieu upon being made redundant?
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Am I entitled to be paid out my owed time in lieu upon being made redundant?

Being made redundant can be an incredibly stressful time for any employee.  With all the upheaval, it can be unclear what rights you have available to you as an employee. While the process of seeing through a redundancy can be quite complex, it is important to understand what you are entitled to in order to ensure you receive what you are duly owed.

Do I have a right to know what allegations have been made against me and a right to the investigation results?
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Do I have a right to know what allegations have been made against me and a right to the investigation results?

An employee has a right to procedural fairness during an investigation process into allegations raised against him/her. This means, that the employee has a right to defend themselves against allegations made against them.

Am I entitled to an Annual Pay Rise?
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Am I entitled to an Annual Pay Rise?

In Australia, it is most common that an employer will have absolute discretion to decide whether an employee is entitled to receive a bonus or pay rise.

Can my employer force me to join a union?
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Can my employer force me to join a union?

Unions play an important role in the workplace by representing the interests of employees during workplace disputes and acting as a bargaining representative during negotiations. However, it is unlawful for your employer to force you to join a union.

My employer has installed CCTV cameras in the office without my knowledge. Is this a breach of privacy?
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My employer has installed CCTV cameras in the office without my knowledge. Is this a breach of privacy?

Pursuant to Part 2A of the Surveillance Devices Act 1999 (Vic), it is an offence for an employer to use an optical device to carry out surveillance of the conversations or activities of employees in the workplace bathrooms or change rooms. An ‘optical surveillance device’ means any device capable of being used to record visually or observe an activity and CCTV cameras are caught under the act.

I have been bullied at work but I am employed by an agency, do I have legal rights?
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I have been bullied at work but I am employed by an agency, do I have legal rights?

You are classified as a labour hire employee if you have an employment contract with an agency but you are assigned to perform work for another organisation (the host). In recent years, the use of labour hire employees has grown significantly and businesses now routinely look to agencies to provide their ongoing labour needs.

I have been set unreasonable KPIs, what do I do?
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I have been set unreasonable KPIs, what do I do?

Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.

Is sick leave paid out on termination?
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Is sick leave paid out on termination?

Generally speaking, under s 101 of the Fair Work Act 2009 (Cth) employees are not allowed cash out sick leave unless their modern award or enterprise bargaining agreement (EBA) contain specific terms which allows for sick leave to be paid out on termination of employment.

If I am a high income earner with outstanding bonuses and commissions from my previous employment, what can I do?
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If I am a high income earner with outstanding bonuses and commissions from my previous employment, what can I do?

Generally bonuses and commission payments arise from a contract of employment. Accordingly, if bonuses or commissions remain due an employee has a right under their contract to recover these amounts.

Further, section 323 of the Fair Work Act 2009 (Cth) applies to ‘incentive-based payments and bonuses’ meaning there may also be a breach of the Fair Work Act 2009.

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?
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I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?

It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.

 

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