Most Recent Q&As

Increased rights for long term casual employees from 1 October 2018
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Increased rights for long term casual employees from 1 October 2018

In a decision on 9 August 2018, the Fair Work Commission (FWC) finalised and proposed a model casual conversion clause to be included in all Modern Awards from 1 October 2018.

What does the Long Service Act 2018 mean for me?
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What does the Long Service Act 2018 mean for me?

Important changes have come into place under the Long Service Leave Act 2018 (Vic).

Is my employer a small business if it has associated entities?
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Is my employer a small business if it has associated entities?

If your employer is a small business, then for the purpose of the Fair Work Act 2009 (Cth) it will be bound by different and less onerous rules when dismissing employees.

I have left a well-paying job for a new role, but am now being made redundant. Do I have any legal recourse?
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I have left a well-paying job for a new role, but am now being made redundant. Do I have any legal recourse?

If you feel your employer has mislead you into a new role, only to make you redundant, you could receive damages for loss suffered.

My employer has changed my regular hours of work. What are my legal rights?
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My employer has changed my regular hours of work. What are my legal rights?

If an employer is seeking to change your working hours, they must ensure they are acting within the confines of the law. This includes adhering to contractual obligations, engaging in appropriate consultation and ensuring that the change is not a result of any discriminatory reasons.

Should I lodge a General Protections or Unfair Dismissal?
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Should I lodge a General Protections or Unfair Dismissal?

Many unrepresented employees contact the Fair Work Commission assuming that it will give them free legal advice. It does not. It does provide sound information usually about an Unfair Dismissal claim and how to make an Unfair Dismissal claim.

 

Can I accrue annual leave entitlements while receiving worker’s compensation payments?
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Can I accrue annual leave entitlements while receiving worker’s compensation payments?

In short, the Fair Work Act 2009 (Cth) prevents an employee from taking or accruing any leave during a compensation period. Read on for exceptions to this law.

Am I able to record conversations with managers / other employees?
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Am I able to record conversations with managers / other employees?

Advances in modern technology make it extremely easy to covertly record conversations in the workplace with managers or other employees. The Surveillance Devices Act 1999 (Vic) and other legal precedence set limitations on when recordings can be used to support an employee’s case.

I have been pulled into disciplinary meeting whilst on sick leave. Am I required to attend?
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I have been pulled into disciplinary meeting whilst on sick leave. Am I required to attend?

Find out your sick leave entitlements, and when disciplinary actions during sick leave are lawful.

I have been given a warning letter I do not agree with. Do I have to sign it and how I do contest it?
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I have been given a warning letter I do not agree with. Do I have to sign it and how I do contest it?

You are not required to sign a warning letter and you should certainly not do so if you consider the warning to be unjust or unreasonable.

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.
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