Know your rights at work

Almost everyone will engage in some form of paid work during their lifetime, whether as an employee, an independent contractor, or both.

No matter where you work, it is important to understand your rights and entitlements as a worker, and to seek advice or redress where you may have been treated unfairly.

If you need legal assistance navigating a dispute with your employer, or you think your employer has done the wrong thing, we will help you to know your rights, and whether you have any claim against your employer.

Types of Employment

Rights upon Termination

Most workers are divided into two main categories: Employees; or Independent Contractors.

Employees and Independent Contractors have very different rights, responsibilities and entitlements, but the line between the two is not always clear.

If you are concerned that you are being paid as a contractor, but are really an employee, our team can help you make sure that you are treated fairly and are paid appropriately.

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 employer fires an employee unfairly, forces them to resign, or dismisses them for a reason prohibited by the Fair Work Act, an employee may be able to pursue a claim for reinstatement or compensation.

If you have recently been dismissed from your employment and you think your dismissal was not fair, you should seek legal assistance immediately. There are strict time limits on the ability of employees to make some claims involving dismissal. 

Our team can advise you on your rights and entitlements upon separation, and assist you to pursue appropriate redress. 

Contract Review

Every employee has a contract of employment. Where an employee does not have a written employment contract, their contract may be entirely or partly oral.

When an employee starts working for a new employer, or commences a new position with their current employer, it is common for an employer to provide the employee with a written contract of employment recording the terms and conditions of their employment.

If you need assistance understanding your rights or obligations under your contract, or something in your employment contract concerns you, please contact our office.