Unlawful Discrimination?

Employees in all industries have the right to a safe working environment, free from discrimination based on age, gender, ethnicity, marital status etc.

It is unlawful for an employer to take adverse action against an employee on the basis of any of these attributes.

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

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.

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

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
1520 views

I have been set unreasonable KPIs, what do I do?

Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?
1154 views

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?

It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.

 

Do I have to accept a redundancy if the redeployment options offered are not suitable?
2061 views

Do I have to accept a redundancy if the redeployment options offered are not suitable?

In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.

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

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

In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?

How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
2627 views

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.

Workspace Lawyers
2512 views

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

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.

Workspace Lawyers
2148 views

My new employer has retracted my employment offer, after I have resigned from my previous employment. Do I have any legal recourse?

In today’s society, the work force is increasingly transient, and individuals routinely change jobs as well as career paths. Indeed, the Bureau of Labour Statistics reports that on average, an individual will change jobs between 10 and 15 times throughout their working life. In such a climate, it can be difficult navigating the uncertain realm of when to rely on the offer of new employment and resign from previous employment.

I did not sign an employment contract, what rights do I have?
3733 views

I did not sign an employment contract, what rights do I have?

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.
My employer expects that I work from home whilst on sick leave – what can I do?
4268 views

My employer expects that I work from home whilst on sick leave – what can I do?

In today’s economy, employers constantly strive for higher productivity and efficiency in the workplace. Whilst this is critical to the success of the business, it may often have a detrimental impact on its employees where this push for productivity impinges on the workplace rights of employees.

I am a foreign worker and feel that I have been underpaid. What can I do?
2439 views

I am a foreign worker and feel that I have been underpaid. What can I do?

Your rights as a foreign worker

Foreign workers include seasonal workers, ‘backpackers’ and international students. Foreign workers do not include Australia citizens or permanent residents.

In Australia, foreign workers have the same entitlements to pay and conditions as Australia workers do.

User Guide to the Fair Work Act

This is your best guide to the complex Fair Work Act. It makes navigating the act easy.

Accessing the Law

Lots of laws apply to you

Everyone's situation is different but...

Fair Work Act 2009 - protection and compensation

Read how this act applies to your situation.

Dealing with misleading conduct by your employer

The Competition and Consumer Act plays an important role...

Court Links

See a list of courts and other institutions.

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