Understanding Your Employment Rights
Navigating the complexities of employment law is important for understanding fundamental rights and responsibilities in the workplace. Employment rights can include contract terms, working hours and leave entitlements. They aim to promote fairness and prevent discrimination and harassment. Recognising these rights can help empower employees and guide employers in creating a respectful work environment. Being informed about these rights may foster a culture of transparency and accountability, helping all parties to contribute to a positive and productive workplace.
Key Areas of Employment Law
Employment law can cover various areas. These include:
- Employment Contracts: They can serve as the foundation of the employment relationship, detailing the rights and obligations of the parties involved.
- Workplace Misconduct: Certain actions may include instances such as bullying, discrimination and sexual harassment that hinder a safe working environment.
- Termination: There are guidelines around unfair or unlawful termination, which can help protect employees from wrongful dismissal and assist employers in navigating the legal exit of a worker.
- Workplace Disputes: Internal and external processes and rights often exist to resolve conflicts in the workplace.
Our experienced Employment Law team values the importance of respect when dealing with all employment matters.
Through genuinely living and breathing a collaborative approach, and creating authentic connections, our team thrives on delivering the best outcomes for our clients.
In 2023 our Wills & Estates Team was recognised as a “Leading Employment Law Firm for Employee & Union Representation” by the Doyles Guide.
The team at Snedden Hall & Gallop Lawyers are experts in the following employment specific areas:
- Employment Contracts
- Workplace Misconduct
- Such as bullying, discrimination or sexual harassment
- Unfair or unlawful termination
- Workplace Disputes.
FAQs
Individuals who lose their jobs due to redundancy may receive severance pay, which is compensation for the loss of their jobs. The entitlement to redundancy pay is governed by the National Employment Standards (NES), which can provide a minimum scale based on the employee’s continuous service with their employer. However, some conditions may apply to be eligible for redundancy pay, such as the size of the organisation and the circumstances of the redundancy. Consulting with a legal service provider on employment law can help clarify your rights and guide you through the process.
The Fair Work Act 2009 (Cth) and state-based discrimination legislation offer protections against discrimination and harassment in the workplace. This includes any unfair treatment based on a protected attribute, including but not limited to: race, gender, sexual orientation, disability, age or religion. These protections cover various employment aspects, from recruitment to termination. If you encounter such issues, it’s advisable to immediately report the behaviour through your employer’s internal channels in an attempt to reach an early resolution or prevent further discrimination/ harassment. Lawyers can help you understand your rights.
Reporting workplace misconduct or breaches of employment law can be done through several means. Initially, it may be appropriate to raise the issue internally using your employer’s grievance or complaint procedures. If the matter is not resolved or it is not appropriate to address it internally, you can consult a legal service provider who may advise you about other forums where you can raise your concerns—for example, the Fair Work Commission or the Merit Protection Commissioner. Legal advice can guide you through the complexities of employment law, helping to address your concerns and protect your workplace rights in the most advantageous forum.
If you experience an injury or illness at work, it is important to report the incident to your employer as soon as possible. Your workplace should have protocols for such situations, which may include reporting the incident to a specific insurance body or completing certain forms to document the event. Where possible, it is best to seek medical attention for your injury or illness and obtain medical documentation, as this will be important for any claims process. For guidance on managing the aftermath of a workplace injury, consulting with a legal service on employment issues is advisable.
