General Protections Legal Advice:

As an employee there are protections provided by the Fair Work Act, its regulations and from other statutory bodies such as the Fair Work Ombudsman. There are also implied duties from common law that extend to the obligations of employers, such as a duty of cooperation, to act in good faith and to act fairly. An experienced Employment Lawyer could be immensely useful in advising you of your employment rights.

The Fair Work Act 2009 (Cth) and its regulations is an expansive framework that governs many aspects of the employment relationship to include the rights and liabilities of employees and employers. If an employee is forced to resign from her employment because of the employer’s conduct and/or the course of conduct engaged by the employer, then the resignation may be considered constructive dismissal. Unfair dismissal or unlawful dismissal may occur when the dismissal was harsh, unjust or unreasonable, not a case of genuine redundancy or inconsistent with Small Business Fair Dismissal Code (if it is applicable).

Employers also have an obligation to provide a safe work environment and not expose their employees to unreasonable risk in accordance with occupational Health and Safety legislation, regulation and other codes of conduct. The behaviour of the employer may be improper and unreasonable, and at certain levels could constitute harassment or bullying. Workplace bullying may occur where an individual or group of individuals repeatedly behaves unreasonably towards an employee and that behaviour creates a risk to health and safety. A qualified Employment Lawyer may be able to assist you throughout any employment protections related matter.

The employer also has a duty not to discriminate which is defined as an adverse action, which includes an omission, against a person who is an employee, or prospective employee based on one of the unlawful grounds. These grounds include race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Statutory organisations such as the Fair Work Ombudsman, formerly the Workplace Ombudsman, have enforcement powers in relation to employer obligations.  The Fair Work Ombudsman has the power to enforce compliance with the Fair Work Act 2009 overall, terms and conditions of modern awards and collective agreements and requirements relating to making agreements. Comprehensive and detailed legal advice from an Employment Lawyer can assist you in understanding the intricacies and details in all the protections under Employment Law.

Navado Lawyers & Solicitors have advised on Employment Law for many years and deliver intelligent, expert advice on this area of international law. If you need further legal advice on your Employment Law matter, you may book an appointment with us by contacting (02) 9233 4048 or sending an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.