Most Recent Q&As

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.

Gambling at work – can an employer be held liable?
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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?
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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?
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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?
117 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

Do I have to work on a public holiday if my employer requests me to?
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Do I have to work on a public holiday if my employer requests me to?

While an employee is not obliged to work on a public holiday an employer may make a reasonable request for an employee to come in. When requesting that an employee work on a public holiday, employers need to consider all relevant circumstances.

Workspace Lawyers
128 views

I think that I was underpaid in a former job, do I have any rights?

Recently, there has been significant media attention on underpayments and ‘wage theft’. This may have led many employees to reflect on whether they were underpaid in previous employment. This leads to the question, are employers able to recover underpayments from former jobs?

What are employee’s rights regarding attending climate strikes?
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What are employee’s rights regarding attending climate strikes?

In short, employees do not have the right to unilaterally leave work and attend a climate strike.

Unfair Dismissal Lawyers
150 views

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.

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