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.
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.
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?
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.
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.
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.
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.
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.
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.
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 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’.
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.
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;