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LEGAL NEWS FOR EMPLOYEES

If you want to tell us your story, we’ll listen. Read our articles on unfair dismissal and other aspects of employment law.
Workplace Rights and Entitlements
14 June 2022

10 Days Paid Family and Domestic Violence Leave on the Horizon

In a recent report, the Fair Work Commission has recommended the inclusion of 10 days of paid family and domestic violence (FDV) leave in 123 different awards. This has the…
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Food delivery Workplace Rights and Entitlements
8 April 2022

Menulog’s bid for their own Industry Award fails

The Full Bench of the Fair Work Commission has found that the Road Transport and Distribution Award 2020 (the Road Transport Award), which covers short distance truck drivers, also covers…
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Workplace Rights and Entitlements
22 February 2022

Casuals: Should you be a permanent employee?

The changes made to the Fair Work Act on 26 March 2021 gave most casual employees the right to have their employment converted from casual to permanent full time or…
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Farm workers minimum wage Workplace Rights and Entitlements
29 November 2021

Farm Workers – Welcome to Minimum Wage

A Modern Award is a document that sets out the minimum terms and conditions of employment in a particular industry, including minimum wages. On 3 November 2021, the Full Bench…
Developer Account
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Workplace Vaccination Laws Workplace Rights and Entitlements
18 November 2021

Update on Legal Developments on Workplace Vaccination

Both employers and employees have work health and safety obligations when it comes to a safe working environment and the health and safety of employees. It is unlikely that a…
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Covid Vaccinations in the workplace Workplace Rights and Entitlements
29 September 2021

FAQs about COVID-19 Vaccination in the Workplace

The COVID-19 pandemic has had a significant impact on employment and workplace conditions.  Now with the COVID-19 vaccination becoming more available, there is an increase in employers seeking to require…
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Relocating Employees Workplace Rights and Entitlements
28 June 2021

Relocating Employees

Does an employer have the right to relocate its employees, and what does a reasonable relocation look like? This question would need to be answered on a case-by-case basis, however,…
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COVID-19 Workplace Rights and Entitlements
10 May 2021

Mandatory COVID Vaccinations – Employers Can Try But No Supply

At the start of the vaccination rollout, resentment and hostility abounded in the public comment pages of news sources at the mention of the possibility of employers making a covid…
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Domestic Abuse Workplace Rights and Entitlements
10 May 2021

Domestic and Family Violence Prevention Month

Domestic and Family Violence Prevention Month is held each year during the month of May to raise awareness about domestic and family violence. Domestic violence is a significant issue in…
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casual worker Unfair Dismissal
8 February 2021

FWC finds casual work can be ‘regular and systematic’ for determining length of service

A recent case before the Fair Work Commission (Greene v Floreat Hotel Pty Ltd FWCFB 6019)  discussed how an employee can still be a ‘regular casual’ with ‘irregular hours’. This…
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Social Media at Work Bullying & Harassment
20 November 2020

Social Media and Your Employment: How to Avoid Disciplinary Action – Part 2

In part 2 of this article we provide four more tips to help you navigate your social media use, whether it’s Facebook, Instagram, Snapchat, Twitter, LinkedIn or TikTok, without getting…
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Social Media at Work Bullying & Harassment
13 November 2020

Social Media and Your Employment: How to Avoid Disciplinary Action – Part 1

We live in a world where our main form of communication is through social media, whether it be through Facebook, Instagram, Snapchat, Twitter, LinkedIn and more recently TikTok. Unfortunately, what…
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JobKeeper 2 Workplace Rights and Entitlements
29 October 2020

Changes to JobKeeper: What do Employees Need to Know?

On 28 September 2020, a number of changes to the JobKeeper scheme came into effect. JobKeeper is a wage supplement that is paid by the Federal Government directly to employers…
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Working from home during a pandemic Workplace Rights and Entitlements
20 October 2020

Personal Wellbeing at Work & Working from Home During a Pandemic

There is no denying that the COVID-19 pandemic has demanded a more flexible side from all of us. For most employees, this has meant not only a physical change in…
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work from home safety Workplace Rights and Entitlements
8 October 2020

Physical Safety at Work & Working From Home During a Pandemic

Work is a huge part of every person’s life. Since early 2020, thousands of employees have been affected by the COVID-19 pandemic. There has been a lot of adaptation, and…
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Browne v MySharedServices Unfair Dismissal
7 September 2020

Not Considering Jobkeeper Meant Redundancy Was Not Genuine

A recent decision of the Fair Work Commission (the Comimssion) has noted an employer’s lack of consideration for accessing the Jobkeeper scheme a contributor to the unfair dismissal of their…
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Paid Pandemic Leave - Aged Care Workers Workplace Rights and Entitlements
27 August 2020

Paid Pandemic Leave – Aged Care Workers

The Fair Work Commission made a decision on Monday, 27 July 2020 allowing paid ‘pandemic leave’ to staff working in residential aged care. The decision came into effect on Wednesday,…
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Workplace Consultation Unfair Dismissal
17 June 2020

Workplace Consultation–is it Required? Redundancy and Stand Down

When is an employer obligated to consult? The obligation for an employer to consult with its employees about major workplace change and/or changes to rosters or hours of work, are…
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casual or full-time employment Workplace Rights and Entitlements
27 May 2020

Is Casual Employment Really Casual Employment?

A recent decision of the Federal Court has blurred the lines between permanent and casual employment with a casual worker being found to be eligible for entitlements usually reserved for…
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Adverse Action
22 April 2020

Can I be Sacked for Asking about Jobkeeper?

Have you got some questions about the JobKeeper payment? If asking your employer about it, pay attention to how they react… Can you be fired for asking your employer about…
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Biometric scanner Unfair Dismissal
24 February 2020

Jeremy Lee v Superior Wood: A decision on collecting sensitive information from employees

This article concerns a fascinating development in Australian employment law around the collection of sensitive information from employees following the decisions of the Fair Work Commission in Jeremy Lee v…
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Discrimination
29 August 2019

Are there rules for languages spoken at Australian workplaces?

Bonjour, Bongiorno, Guten Tag, Ni Hao, Konnichiwa, Hola, Hello. You may have understood and/or recognised one or more of those greetings in a number of languages, but if the conversation…
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dos and donts of a office party Unfair Dismissal
14 June 2019

Can My Employer Direct Me to Attend an Independent Medical Examination (IME)?

Has your employer directed you to attend a medical examination by a doctor of their choice?  You may be questioning whether your employer has the right to require you to…
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unfair dismissal compensation Unfair Dismissal
1 May 2019

Conflicting medical evidence: Who makes the final call?

Recently, the Full Bench of the Fair Work Commission (‘Full Bench’) in CSL Limited T/A CSL Behring v Chris Papaioannou was asked to determine whether an employer or the Fair…
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Jeremy Lee was a casual employee who was unfairly dismissed Workplace Rights and Entitlements
28 February 2019

Casual Conversion Clause

Are you a long-term casual employee? Do you know you probably have the right to request that your employment be converted to a part-time or full-time basis? In July 2017,…
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Sexual Harassment
15 November 2018

Sexual Harassment Law in Australian Workplaces

Sexual harassment is sexual behavior that is unwanted or unwelcome. The tests for determining what amounts to sexual harassment under the relevant Australian legislation are slightly different, however, broadly sexual…
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what is unfair dismissal? Workplace Rights and Entitlements
8 October 2018

Heavy fines for franchisee’s record keeping breaches

A former Franchisee operator and the company’s owner have been handed down large penalties for a number of record keeping breaches after a Fair Work Ombudsman investigation. Background In Fair…
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dos and donts of a office party Unfair Dismissal
30 May 2018

Office Christmas Party Do’s and Don’ts

Your office Christmas Party is fast approaching, do you know the dos and don’ts? The annual office Christmas party can be a fun night of frivolity, however, too much frivolity…
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unfair disissal high threshold Unfair Dismissal
30 May 2018

Unfair Dismissal and the High-Income Threshold

Have you been unfairly dismissed but you're above the high-income threshold A recent Fair Work Commission case found that an employee was still entitled to make an unfair dismissal claim…
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sexual harrassment Workplace Rights and Entitlements
26 April 2018

Family and Domestic Violence Leave to be Recognised in Modern Awards

Family and Domestic Violence Leave to be Recognition in Modern Awards Domestic violence is a significant issue in Australia that effects many individuals and has a real impact on employees…
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working overtime questions Workplace Rights and Entitlements
26 April 2018

Working Overtime? What are your Rights?

Know Your Rights with Overtime Work Your employer has asked you to stay back to work a few more additional hours this week - can they do this? Your employer…
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sexual harassment rights obligations image Sexual Harassment
30 March 2018

Sexual Harassment – Your Legal Rights and Obligations

What are your rights and obligations are under the law? Sexual harassment is against the law.  This blog discusses sexual harassment in the workplace and what your rights and responsibilities…
Anderson Gray Lawyers
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sexual harrassment Sexual Harassment
26 March 2018

What Sexual Harassment Is

What sexual harassment is – including the verbal, visual, and physical conduct that could be considered harassment Sexual harassment is the topic that has been making global headlines lately.  Scandal…
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know how much you should be paid Workplace Rights and Entitlements
1 March 2018

Are you a Trainee or Apprentice? Do you Know What you Should be Paid?

Knowing How Much You Should Be Paid If you are a trainee or apprentice you ought to check that your employer is paying you the correct rate of pay.  If…
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taking annual leave Workplace Rights and Entitlements
1 March 2018

Do you Know your Annual Leave Rights?

Understanding your Rights to Annual Leave Most modern awards now contain additional annual leave provisions that include the ability to: cash out annual leave; take annual leave in advance; manage…
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unfair dismissal reasons Unfair Dismissal
31 January 2018

What is a Fair Reason for Dismissal?

Your boss has just fired you - was the reason for your employment being terminated by your employer fair? An employer cannot dismiss an employee without a valid reason.  The…
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who is protected from unfair dismissal Unfair Dismissal
25 January 2018

Who is Protected from Unfair Dismissal?

Persons Protected from Unfair Dismissal If you are an employee, you are protected from unfair dismissal if: your employer is an employer who is covered by the Fair Work Act;…
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unfair dismissal compensation Unfair Dismissal
15 January 2018

Can You Get Compensation for Unfair Dismissal?

Unfair Dismissal Compensation The Fair Work Commission is the workplace relations tribunal that will consider your application for unfair dismissal. There are a number of remedies available to you if…
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Workplace Rights and Entitlements
1 December 2017

Am I being paid enough? What is my right rate of pay?

Am I getting the right amount of pay? You would think this is a simple question, but it’s not.  There is no doubt that today’s workplace laws are complicated.  So…
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Unfair Dismissal
17 August 2017

Managing your Employer

How and When to Manage Your Employer Managing employees is a topic that is regularly discussed and debated by employers, lawyers and academics. When you look for information about workplace…
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Unfair DismissalWorkplace Rights and Entitlements
2 November 2016

Don’t Suffer in Silence! You CAN Ask Questions about your Entitlements

Enquiring of your Entitlements The Fair Work Act provides that an employee is entitled to make a complaint or enquiry about their employment. It also provides that an employee should…
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Unfair Dismissal
14 October 2016

How can a hat get you fired?

A mine worker was recently successful in receiving $28,000 in unfair dismissal compensation.  There were a few other circumstances but the core of the reason or his dismissal related to…
Anderson Gray Lawyers
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Workplace Rights and Entitlements
7 October 2016

Bullying young people in the workplace all too common

October is safe work month. I thought it was an opportune time to blog about young people at work. Young adults – aged between 15 and 25 years old -…
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Unfair Dismissal
22 May 2016

Facing Change in your Workplace

Proactively Dealing with Change “You must welcome change as the rule, but not as your ruler” (Denis Waitley) Change is constant and at many times during our working lives, we…
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unfair dismissal reasons Unfair DismissalUnpaid WagesWorkplace Rights and Entitlements
17 May 2016

The Right Pay Dilemma

Getting Paid the Right Amount Being paid the right amount for hard work is an employee’s absolute right.  Incorrect or unpaid wages can seriously impact the working relationship between employee…
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Bullying & HarassmentWorkplace Rights and Entitlements
8 April 2016

Bullying – have you been affected?

Somewhat disappointingly, a study has found that more than one in five persons are bullied at work.  Further, one in three people are affected by workplace bullying. What is bullying?…
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who is protected from unfair dismissal Workplace Rights and Entitlements
18 March 2016

We’re employees…not children!

I have heard it said by professional advisors that ‘managing employees’ is akin to ‘supervising children’. As a general employer attitude, this is obviously wrong on many fronts. Wrong, because…
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Workplace Rights and Entitlements
16 March 2016

The silver lining….

Whatever happens, it’s the consequences of the dismissal from work that causes me the most concern. In my experience, rarely is any thought given (by either side of the equation)…
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Unfair DismissalWorkplace Rights and Entitlements
7 March 2016

Helping Employees….it’s what we’re about!

Getting Help for Unfair Dismissal Being told you don’t have a job, regardless of your status in the world, is always a difficult moment.  I know this, because in a…
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