Most employees have rights, entitlements and protections related to the termination of their employment. The Fair Work Act 2009 (Cth) sets out a range of reasons which an employer can not rely on to dismiss an employee.

Where an employee is fired or forced to resign, for a reason prohibited by the Fair Work Act, an employee may be able to pursue a claim for reinstatement or compensation.

There are strict time limits on the ability of employees to make some claims involving dismissal. If you have recently been dismissed from your employment and you think your dismissal was unfair, you should seek legal assistance immediately.  

Our team may be able to assist where:

• you have been dismissed by your employer

• you have stopped receiving shifts

• your employer has forced you to resign, or something your employer did left you with no choice but to resign

• you were fired after you made a complaint, or enquired about your employment entitlements (ie. taking annual leave, your rate of pay, whether you were covered by an Award)

Every employee has an employment contract.

If you do not have a contract in writing, you likely have an oral contract with your employer. Employment contracts bind employees and employers, and usually set out the relevant rate of pay, hours of work, and other matters relating to the specific job.

Importantly, an employment contract must not contradict or exclude the National Employment Standards, or a right or entitlement which the relevant employee would have under an applicable Enterprise Agreement or Modern Award.

If you have questions about your employment contract, please do not hesitate to contact our office

• Award or Enterprise Agreement entitlements

Your employment may be covered by a Modern Award or Enterprise Agreement. An Award or Enterprise Agreement set out minimum terms of employment for employees working in certain industries or for specific employers. They will usually provide for a minimum rate of pay and classifications for each worker, leave entitlements, penalty rates and/or overtime, and rules surrounding payment of wages.

Not all employees are covered by an Award or Enterprise Agreement.

If you are covered by an Award or Enterprise Agreement, your employer must comply with its terms.

If you are concerned that you are not being paid in accordance with your Award or Enterprise Agreement, or you are concerned that your employer is not providing your entitlements under the relevant instrument, please contact our office to speak with a member of our team.

• National Employment Standards

The Fair Work Act sets out nine minimum employment standards which apply to almost all employees within Australia, known as the NES.

The NES provide for minimum entitlements in relation to matters including leave, superannuation, hours of work and public holidays. If you are concerned that your employer is not providing you the minimum entitlements under the NES, please contact our office.

• Where you are concerned that you have been underpaid, or were not paid for some part of your work

• Your employer is withholding an amount from your wages

• Your wages have been reduced without your consent

• You have not been paid your leave when your employment ended

• you have not been paid superannuation, or you think you haven’t received the correct amount

If you have any concerns about your wages, leave, or entitlement to superannuation, please get in touch.

Bullying, harassment and discrimination are issues too commonly faced by employees in the workplace. Whether you are the victim of sexual harassment, racial vilification, discrimination, or bullying in the workplace, our office can help you to understand your rights to seek redress.

If you have experienced harassment or discrimination at work you are not alone. Please contact our office to speak with a member of our team about how we can help.

If your employer ends your employment because your role has been made redundant, you may be entitled to a redundancy payment.

If you have been made redundant or your workplace is conducting a review of your role, we can help you to understand your rights, and to ensure that you are treated fairly throughout the process.

Issues often arise where a business goes through a period of change, such as re-structuring, implementing new policies, or re-organisation.

If your workplace is implementing large-scale change, and you are concerned about the way it might affect your employment, please get in touch.

Entitlements to leave may be found in your contract, Award or Enterprise Agreement. The NES also guarantees certain types of leave and sets minimum leave entitlements, including in relation to annual leave.

If you have a question about your leave entitlements, or have a dispute with your employer about your leave, please contact our office for assistance.

Many employees classified as ‘casual employees’ do not have the same entitlements as part-time or full-time employees (known as “ongoing” or “permanent” employment), and are instead compensated at a higher hourly rate than another employee performing their role in a permanent capacity.

However, sometimes it is not clear whether an employee is really a employed on a ‘casual’ basis, or whether they should be classified as an permanent employee. Just because a contract of employment might say that an employee is employed on a ‘casual’ basis does not mean it is necessarily correct.

The uncertainty around casual employment can lead to disputes around payment of wages, leave entitlements and entitlements to remedies where you have been dismissed. If you have any concerns about the way your employment is classified, please get in touch, and we would be happy to assist you to understand your entitlements.

Under the National Employment Standards, certain employees are entitled to request flexible working arrangements.

Disputes often arise between employers and employees where an employer refuses to consider a request for flexible working arrangements, or does not grant a request where it would be reasonable to do so.

If you have any concerns or questions about your right to request flexible working arrangements, or you think your employer has not properly considered a request for flexible working arrangements, please contact our office.