How Do I Claim Unfair Dismissal Against A Small Business?
Australian employees are protected from unfair dismissal pursuant to the Fair Work Act 2009 (Cth). This Act promotes economic growth and the prosperity of Australia’s future. If your salary is under the high income threshold, and you have been working for your employer a minimum of 12 months in a small business, you are entitled […]
Should I Sign A Deed Of Release?
If your employer expects you to sign a deed of release, there are a number of considerations to take into account before you decide whether you should sign it. A deed of release is a formal legal document by which an employer and an employee seek to set out an agreement to settle or avoid […]
Have You Suffered Unfair Performance Management?
Performance management is often carried out when an employee is underperforming or doing their job in an improper manner. Not working to the expected standard, not adhering to workplace policies and disruptive behaviour can all warrant an employee being performance managed. But what if your employer doesn’t have a valid claim for subjecting you to […]
How Record Keeping Can Help You With Underpayment Claims
New laws tested by the Fair Work Ombudsman mean that good record keeping can help considerably in determining the outcome of underpayment claims. The Protecting Vulnerable Workers’ Act, introduced in 2017, amended the Fair Work Act to increase protections for vulnerable workers. The amendment introduced a ‘reverse onus of proof’ in underpayment claims. Prior to […]
Why does my contract have a restraint of trade clause?
The restraint of trade clause came about because many employers are worried that their employees will leave their business to work for a competitor, or start up a rival business and take their employees, clients and suppliers with them. A restraint clause is only effective once an employee leaves the business. An employer can enforce […]
What Do I Do About An Unfair Written Warning At Work?
Disputes and misconduct in a workplace can be very distressing and present particular challenges. Do you feel you have received an unfair written warning at work? Do you know what your rights are? It is important that you are aware of the complaint and that you are being investigated. Your employer should provide you with […]
How To Resign The Right Way
Has your working environment become unbearable, the end of your career seems imminent or you simply want to quit your job without notice? Before making any hasty decisions, it is important that you know how to resign. You should review your employment contract to better understand your obligations because even after an employment relationship ends, […]
Your Rights To A Support Person In A Work Meeting
Attending a compulsory meeting at work can be both intimidating and challenging. As an employee, you have the right to have a support person or a representative at the meeting with you. Your employer is not obliged to offer you a support person. However, pursuant to s 387(d) of the Fair Work Act 2009, employers must […]
Are You Considering Reporting Underpaid Wages?
Underpayment is unfortunately common in Australia. Many employees are underpaid based on their statutory entitlements. A recent report uncovered how common underpayment is amongst international people living in Australia, especially backpackers and international students. If you believe this fits you, should you be reporting underpaid wages? Working out if you have been underpaid Many employees […]
Can Casual Workers Claim Unfair Dismissal?
The Fair Work Commission has recently handed down a decision which provides increased access to unfair dismissal claims by casual workers. Particularly those employees engaged in the labour hire industry. In the case of Robert Smith v Goldfields People Hire Pty Ltd [2017] FWC 6730 (“Goldfields”) a casual worker made an unfair dismissal application for […]