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.
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.
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?’
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.
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.
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.
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.
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
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.
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.
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:
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
