Employment law governs many aspects of the relationship between employees and employers in Australia, which has some of the strictest employment regulations globally. This article addresses common questions and provides insights into crucial employment law areas.

How Can Employees Access Their Employment Rights and Obligations?

Employees can usually review their rights and obligations through their employment contract, which may be written, verbal, or via email exchanges. This contract outlines the terms agreed upon by both parties. Additionally, the Commonwealth Fair Work Act 2009 establishes minimum standards for legal employment. Employment may also be influenced by awards or enterprise agreements, so it's vital to check if these apply to your situation.

What Constitutes Unfair Dismissal?

Unfair dismissal occurs when an employee's termination is deemed unreasonable or unjust. To be eligible for unfair dismissal protection, an employee must have worked for the employer for at least one year (six months for businesses with 15 or more employees), earn under $162,000 annually, and not be a contractor. Claims must be submitted to the Fair Work Commission within 21 days of dismissal. Seeking prompt legal advice is recommended if you intend to file a claim.

What is Redundancy?

Redundancy happens when an employer no longer needs a particular role due to changes in the business environment, such as restructuring. Genuine redundancies require employers to notify affected employees promptly and often include a severance payment based on the employee's service length. Employers might improperly dismiss employees instead of offering redundancy to avoid these payments.

What is Notice of Termination and Who Does It Apply To?

Employers must provide written notice before terminating employment. The notice period varies with the length of service:

- Less than one year: one week

- One to less than three years: two weeks

- Three to less than five years: three weeks

- Five or more years: four weeks

Casual employees and independent contractors are not entitled to notice.

Employee vs. Contractor: What's the Difference?

Employees are hired to perform roles defined in an employment contract, which generally lasts indefinitely unless terminated. Contractors, however, provide services for a specified period based on a negotiated contract. Contractors often set their pay and conditions but lack the employment protections given to employees, such as minimum notice periods. Contractors also handle their own tax and superannuation.

What is Workplace Discrimination?

Workplace discrimination is illegal under the Victorian Equal Opportunity Act 2010. It occurs when an employee is treated unfairly based on attributes like race, gender, marital status, religion, physical appearance, political beliefs, or sexual orientation. Employees are protected against discrimination throughout the employment process.

What is Workplace Bullying?

Workplace bullying involves repeated negative behavior directed at an individual or group, negatively impacting health and safety. It can sometimes overlap with discrimination if targeting is based on personal attributes. WorkSafe Victoria addresses bullying claims to maintain a safe work environment.

What Should You Do If Your Workplace Rights Are Violated?

If you suspect a breach of your employment rights, seek legal advice immediately. Employment law firms can assess your case and guide you through the legal process. Remember, claims with the Fair Work Commission must be filed within specific time frames.

Are All Employees Covered by Employment Law?

Employment laws vary slightly by state and territory. In Victoria, all employees, including government workers, are protected by the Fair Work Act. Independent contractors and casual workers have different, but still significant, protections under the law.

For further details or legal assistance, consult with a specialized employment lawyer to ensure your rights are fully protected.