Workplace Bullying?

Bullying occurs when someone repeatedly behaves unreasonably toward you or a group of workers that you are a part of, and this behaviour creates a risk to health and safety.

I have been bullied at work but I am employed by an agency, do I have legal rights?
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I have been bullied at work but I am employed by an agency, do I have legal rights?

You are classified as a labour hire employee if you have an employment contract with an agency but you are assigned to perform work for another organisation (the host). In recent years, the use of labour hire employees has grown significantly and businesses now routinely look to agencies to provide their ongoing labour needs.

I have been set unreasonable KPIs, what do I do?
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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 signed a DOR with my ex-employer, but they are making disparaging comments to my prospective employers, what can I do?
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I have signed a DOR with my ex-employer, but they are making disparaging comments to my prospective employers, what can I do?

Deed of Release (DOR) is a written statement that once signed becomes a legally binding document. By signing a deed of release, an employee agrees to ‘release’ their employer from current or future legal claims and an employer agrees to perform a certain act or pay certain entitlements that will benefit the employee.

I’m a soon-to-be dad – can I take parental leave?
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I’m a soon-to-be dad – can I take parental leave?

It is common practice for pregnant women in the workforce to take maternity leave for an unpaid period of up to 12 months. However, it is often forgotten that men are equally entitled to take paternity or partner leave.

Male employees frequently encounter resistance when seeking to exercise their workplace right to take parental leave. This resistance largely stems from archaic societal expectations of gender roles, where men were traditionally considered the ‘breadwinners’ and women were considered responsible for looking after the children at home. As our society continues to evolve, it has become conventional for men to play a more active role in raising their children and exercise their workplace right to take parental leave.

Can I take back my resignation?
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Can I take back my resignation?

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.

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

Are performance reviews mandatory?
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Are performance reviews mandatory?

Most employers will have a system of annual or biannual performance reviews designed to create a routine forum for feedback and performance appraisal.  Performance reviews are not strictly required by law and some employers may choose not to have a formal process of appraisal at all or may use some alternative to the classic yearly ‘sit down’ approach.

I am a foreign worker and feel that I have been underpaid. What can I do?
1908 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.

I’m a whistle-blower, am I protected by the Fair Work Act?
3001 views

I’m a whistle-blower, am I protected by the Fair Work Act?

What is whistleblowing?

There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.

When is an employer liable for false and misleading statements to an employee?
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When is an employer liable for false and misleading statements to an employee?

When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences?  The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.

 

What can I claim in my general protections application (involving dismissal)?
1544 views

What can I claim in my general protections application (involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision which may make them liable for a penalty.

Can I lodge a FWC application outside of the 21 calendar day time period?
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Can I lodge a FWC application outside of the 21 calendar day time period?

The Fair Work Commission may allow a further period for application if there are exceptional circumstances and will consider: the reason for the delay; and any action taken by the person to dispute the dismissal;

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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