The Fair Work Act 2009 (FWA) includes a number of civil penalty provisions. This means that the court can order entities that contravene these provisions to pay large sums of money; either as a fine, or to the people who have been injured by the contraventions. Civil penalty provisions within the FWA include those relating […]
Mental health and psychological injury in the workplace
The Black Dog Institute estimates that one in five (20%) of Australians aged 16-85 experience a mental illness in any year. As Australians continue to work longer hours, and remain in the workforce longer, it is important for us all to be aware of our mental health, and the negative health consequences that workplace stress […]
Not old news: Age Discrimination in the workplace
Australia’s population is ageing. More people are staying in the workforce for longer. Many of us are now working past the traditional retirement age. Unfortunately this means that many older Australians are being subjected to age based discrimination. If you believe you are being treated unfairly in the workplace because your age, there are laws […]
Casual workers: fact or fiction
The characterisation of an employee as permanent or casual can have significant impact on the rights of the employee and their entitlements when leaving their job. One of the many entitlements of a permanent employee is the right to annual leave contained within Section 86 of the Fair Work Act 2009 (Cth). Am I a […]
The Whole Truth: are you an employee or independent contractor?
The rise of the gig economy has led to more and more people working flexible jobs in the services or hospitality industry. The appeal of these kinds of jobs is that they can act as a supplement to a person’s primary income and they can choose when and when not to work. The Klooger v […]
What to do when you’re called into a disciplinary meeting
So you’ve been called into a disciplinary meeting with your boss. You’re not exactly sure what the meeting is about and you don’t know what you can/can’t do or say. It can be a really distressing time so here are some tips about your rights and how to approach the meeting. Before the meeting Ask […]
Three Reasons To Sign A Deed Of Release
A deed of release is an important legal document that usually imposes three serious obligations on employees: to release the employer from all legal claims, to keep the matter confidential and not to say anything negative about your employer and its representatives. So if you are presented with one, should you sign it? Yes, if […]
Requesting Flexibility
The Fair Work Act 2009 (Cth) contains the National Employment Standards, called the NES. The NES are 10 minimum standards that apply to all national system employees. The NES cannot be excluded by your employment contract or company policy or procedure. One of the NES is the right to request flexible working arrangements. Here is […]
Knowing Your Rights On Parental Leave
The Fair Work Act 2009 (Cth) contains the National Employment Standards, called the NES. The NES are 10 minimum standards that apply to all national system employees. The NES cannot be excluded by your employment contract or company policy or procedure. One of the NES is the right to parental leave. Here is what you […]
3 Ways To Stop Workplace Bullying
As BuzzFeed breaks the news of allegations of workplace bullying and misconduct against Labor MP Emma Husar, I’m not surprised. At all. Everyday we take calls and emails from workers at all levels across Australia being bullied at work. While all eyes are on the #metoo movement, workplace bullying continues infecting Australian workplaces, leaving many […]
Understanding Your Rights When It Comes To Flexism
“When I decided to leave traditional legal practice, I went on a journey to find the right type of flexible work for me. I met with top tier firms, mid tier firms and big corporates but none were the right fit, recruiters refused to put me forward for jobs I was plainly highly qualified for because of my desire to work flexibly. It was then that I realised I could create the work I wanted to do flexibly myself, and in fact, felt I had an obligation to, so I founded Resolution123.”
Case Study: Tom, 51, Transport Manager
Tom* had worked for his employer for several years. He was in a safety critical role and had one assistant to help him with safety critical functions. His assistant was reallocated without consultation, leaving him unable to perform his job safely. He complained to his manager and the next in charge to no avail. So […]