Employment Law
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Resign First or Lodge Fair Work Claim?
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...
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What are the immediate steps the employee can take to respond to the injunction order and prepare for the show-cause meeting, even without a lawyer?
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...
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What are the minimum employment rights for workers in Australia?
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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How does unfair dismissal work in Australia?
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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What are the rules around workplace discrimination in Australia?
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...
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How are employee entitlements like leave and overtime regulated in Australia?
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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What are the legal requirements for an employment contract in Australia?
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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How does the Fair Work Commission assist employees and employers in Australia?
The Fair Work Commission assists by resolving disputes through mediation, conciliation, and arbitration. It also sets minimum wages and employment conditions through modern awards.|||The Commission ensures compliance with workplace laws and provides guidance on fair work practices to both employees and employers.
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What are the legal obligations for workplace health and safety in Australia?
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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How can employees address workplace bullying in Australia?
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.
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Adelaide Legal
We do this by listening to you patiently and fighting the hard battle. We listen like we’re wrong and fight like we’re right. We are strong minded and compassionate people, that empathise with you. After all, it could be one of us some day. Adelaide Legal, Expect more Adelaide Legal is located in the Adelaide area of SA. 10
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Slater & Gordon
Slater & Gordon Lawyers specialise in personal injury compensation and general legal services. Slater & Gordon is an Australian law firm specialising in personal injury, commercial, family and asbestos-related law. Courage and commitment to justice has made Slater & Gordon one of Australia's most successful and well known plaintiff law firms and the name Slater & Gordon has come...
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Affinitas Legal
We practice in Family Law and Estate Planning, which enables us to provide the highest level of service and know-how. Our firm exists to help you understand your legal situation, so you are empowered to make informed decisions that will protect you, your family and your future. Affinitas Legal is located in the Stirling area of WA. 7
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Ivan P Smiths & Associates
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Saines Lucas Solicitors
Victorian Personal Injury Law Firm - Experts in WorkCover, TAC, All Personal Injury Claims, Property, Commercial & Family LawSaines Lucas Solicitors is located in the Maryborough area of VIC.
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Hardymans Lawyers
Hardymans Lawyers, a boutique commercial and property law firm. hardymans, commercial property, law, geelong, victoria, conveyancing, franchising, sale of business, agreements, contracts, legal advice, lawyer, conveyancer, joint ventures, company incorporation, capital raising, prospectus, corporate law, business law, breach of contract, indemnity clauses, sale of assets, small business law,...
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Hardy Bowen
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HHG Legal Group
HHG Legal Group is a best practice law firm in Perth, Albany, Mount Barker - fastest growing quality approved Western Australian law firm with solicitors experienced in all areas of lawBoutique Law Firm - Commercial/government & private client services - Family Law, Wills & Estate Planning, Commercial Litigation, Employment Relations, Property, Settlements & Traffic lawHHG Legal...
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Cullen Babington Hughes
Cullen Babington Hughes provides legal services in the areas of property, mining and resources, carbon capture, litigation, franchising, family law, wills, probate and disputed estatesCullen Babington Hughes is an incorporated legal practice that prides itself on providing an excellent level of service. Cullen Babington Hughes has the experience and the staff to: •provide opinions and advice on...
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The Law Society of South Australia
The Law Society of South Australia is located in the Adelaide area of SA.