Fairview Park Employment Law Lawyers

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Lodging a Fair Work Claim Before Resigning

Generally, it's advisable to lodge a claim with Fair Work before resigning. This preserves your employment rights and allows Fair Work to investigate the matter while you're still employed. Under the Fair Work Act 2009, employees have the right to take action for breaches of workplace laws, including unfair dismissal, underpayment, and discrimination.

Resigning First and Pursuing a Claim

Resigning first might limit your options. However, in some cases, a forced resignation (constructive dismissal) could be grounds for a claim. Under the Fair Work Act 2009, an employer's conduct can create an intolerable work environment, forcing an employee to resign.

Important: Proving constructive dismissal is complex and requires strong evidence of the employer's actions making the workplace untenable.

Seeking Legal Advice Given the complexities of workplace law, it's strongly recommended to consult with a lawyer specializing in employment law. They can assess your specific situation, advise on the best course of action, and assist in building a strong case.

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Workplace disputes in Australia can be resolved through internal grievance procedures, mediation, or by lodging a complaint with the Fair Work Commission or other relevant authorities.;Other mechanisms include negotiation between the parties involved, legal action in courts, and seeking assistance from workplace relations advisors or unions.

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Employers in Australia are legally required to provide a safe workplace, conduct risk assessments, and implement measures to prevent workplace injuries and illnesses under the Work Health and Safety (WHS) Act.;Employees must receive training on safety procedures and have access to safety equipment and protective gear. Employers must also report workplace incidents and injuries.

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An employment contract in Australia must include the terms and conditions of employment, such as job duties, salary, work hours, and leave entitlements. It should also comply with the minimum standards set by the NES and relevant awards.;The contract should outline the rights and obligations of both the employer and the employee, including termination provisions and dispute resolution processes.

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Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable manner. Employees can lodge a complaint with the Fair Work Commission within 21 days of the dismissal.;Remedies for unfair dismissal include reinstatement to the former position, compensation, or other corrective actions as determined by the Fair Work Commission.

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Employee entitlements such as leave and overtime are regulated by the National Employment Standards (NES) and modern awards, which set out minimum requirements for leave entitlements, working hours, and overtime pay.;Employers must comply with these standards, providing appropriate leave accruals and paying overtime rates as stipulated in the applicable award or enterprise agreement.

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• Understand & Obey the Injunction: Read the order meticulously, focusing on the prohibited actions. This is critical. Any violation can worsen your situation. Make a physical note of the restrictions to avoid accidental breaches.
• Gather Supporting Documents: Look for any emails, company policies, or records that demonstrate the reasonableness of your actions. Did you report a concern internally? Was the information publicly available? Gather anything that strengthens your justification.
• Craft a Calm & Factual Statement: Prepare a concise statement for the show-cause meeting. Avoid accusatory language about your employer.

  • Focus on facts: "On [date], I [action taken] because [brief explanation of justification]." Emphasize your intent to address the accusations fully at the court hearing.

• Seek Legal Aid Immediately: While Monday morning may be the earliest for most lawyers, explore legal aid options. Many operate with limited weekend hours. Explain the urgency and provide a brief overview of the situation. Even a brief consultation can offer valuable guidance.

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Workplace discrimination in Australia is governed by the Fair Work Act, the Sex Discrimination Act, and the Racial Discrimination Act, among others. Employees are protected from discrimination based on race, gender, age, disability, and other attributes.;Employees can file complaints with the Australian Human Rights Commission or the Fair Work Commission if they experience workplace discrimination.

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Minimum employment rights in Australia include fair pay, safe working conditions, and the right to leave entitlements such as annual leave, sick leave, and parental leave.;Employees are also entitled to a written employment contract, protection from unfair dismissal, and the right to join a union.

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Employees experiencing workplace bullying can report the behavior to their employer, seek support from a union, or file a complaint with the Fair Work Commission, which can issue orders to stop the bullying.;Legal protections include anti-bullying laws under the Fair Work Act, which provide a mechanism for employees to seek redress and ensure a safe work environment.