A dismissal occurs when your employment is terminated at the initiative of your employer, or the employer has forced you to resign.
A dismissal will be unfair if it was harsh, unjust or unreasonable and was not a case of genuine redundancy and if employed by a small business, was not in accordance with the Small Business Code.
The Fair Work Act 2009 (Cth) and the Equal Opportunity Act 2010 (Vic) prevents employers from discriminating against employees based on protected attributes. Whilst the list of protected attributes is exhaustive, neither of these legislations include the holding of a Criminal Record as a protected attribute, making criminal record holders particularly vulnerable during employment processes.
There are certain circumstances where employees on a fixed-term contract are entitled to bring forward an unfair dismissal claim. If you feel discriminated against, read on.
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.
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.
Under the Fair Work Act 2009 (Cth), a high income employee is classified as someone whose pro-rata employment salary is equal to or above the high income threshold.
With increasing workloads and the adoption of flexible working arrangements, more and more of us are conducting work from our own homes. Commonly, we think very little of taking work-related material out of the office, often emailing ourselves the relevant information.
How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.
As an employee you are entitled to have a support person at a disciplinary meeting. This entitlement also extends to a performance management or investigatory meeting. In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.
You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:
- The National Employment Standards in the Fair Work Act 2009 (Cth);
- Any applicable industry modern award;
- An employer-specific enterprise bargaining agreement; and/or
- Rights under other pieces of legislation.
Typically, an employment agreement exists between an employer and an employee, whether it is an oral or written contract. Employment terms can otherwise be found in awards or enterprise agreements.
Resignation is a termination of the employment agreement at the initiative of the employee. A resignation will be valid where there is an unequivocal intention by the employee to no longer be bound by the employment agreement. This is best effected in writing and with appropriate notice as required by the agreement or industrial instrument.