Most Recent Q&As

Unfair Dismissal Lawyers

What is workplace burnout and what can I do about it?

Workplace burnout first emerged in 1970 to describe severe ongoing stress among human services workers but has been since been broadened in the last quarter century to include all occupations. Workplace burnout is considered an erosion of a positive psychological state.

I feel I am being discriminated against due to my pregnancy and parental responsibilities. What are my rights as a working parent?

I feel I am being discriminated against due to my pregnancy and parental responsibilities. What are my rights as a working parent?

Employers have certain obligations by law when it comes to dealing with an employee who is either pregnant or who has parental responsibilities.

Workspace Lawyers

I work for the Victorian Public Sector and my position has just been declared a surplus. What are my rights? Will I be offered a Targeted Separation Package?

The declaration of a surplus of positions to departmental requirements is not to be used by the Department to deal with unsatisfactory performance or conduct, and you should not be unlawfully discriminated against.

What can I claim in a general protections application (not involving dismissal)?

Do I have the same employment rights as an Australian citizen if I am on a Temporary Skills Shortage Visa?

Being on a Temporary Skills Shortage Visa doesn’t afford you any less protection at work compared to an Australian citizen. As long as you have a valid visa, you can refer to rights stipulated under the Migration Act 1958 and the Fair Work Act 2009.

I have been unfairly treated at work due to my political opinion, what can I do?

Can I be fired for conduct outside of work hours?

With the proliferation of social media use and the ever-blurring lines between your work and private life, it is now significantly harder to recognise which aspects of your life your employer has control over. In short, it has been consistently recognised that out of hours conduct may constitute valid reason for dismissal. However, the circumstances are limited.


Can I send or take work related information home?

Do Enterprise Agreement votes need to be private?

An employer may request that any employee that is covered by a proposed enterprise agreement, approves the agreement by voting for it. The Fair Work Act 2009 (Cth) provides that an employer cannot request an employee to vote on an enterprise agreement until the employer has met 3 requirements.

Employment Lawyers

I have been dismissed within my probation period – can I take any legal action?

There are two causes of legal action you may take at the Fair Work Commission if you have been dismissed within your probation period.

You may file a General Protections claim regardless of the length of your employment where you believe dismissal was due to discrimination based on your race, age, gender and other such attributes.

Workspace Lawyers

I have been called into a disciplinary meeting. What should I do?

Being called in for a disciplinary meeting can be a stressful time. However, if you are asked to attend such a meeting, there a number of actions you can take to ensure your rights are protected.

Workspace Lawyers

“What constitutes ‘reasonable overtime’ and can I say no?”

It is common for employment contracts to include a clause that an employee may be expected to work ‘reasonable overtime’ at no extra cost to the employer and without overtime rates. In many Modern Awards, the employee’s “ordinary hours of work” refers to their typical hours of work.

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

How do I prove Age Discrimination in breach of the Fair Work Act?

The Fair Act 2009 (cth) includes provisions that protect employees against workplace discrimination. Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of certain attributes including the employee’s age.

Unfair Dismissal Lawyers

The Royal Commission into the Banking and Finance industry has threatened my job security. What are my rights?

In the wake of the Royal Commission into the Banking and Finance Sector there has been a number of employees who have either resigned or been terminated due to misconduct. However, it is not only those caught up in the commission who are being affected. Some employees may find that their jobs are at risk either by way of redundancy or that they are performance managed out in order for the employer to avoid paying redundancy.

Unfair Dismissal Lawyers

How do I know if I’m being underpaid?

Under the Fair Work Act 2009 (Cth) (‘Fair Work legislation’) all employers need to comply with the minimum requirements set in the National Employment Standards (‘NES’) and any relevant industrial award.

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