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Employment and Labor law in Brisbane, Australia is designed to protect the rights and responsibilities of employees, unions, and employers. It is based on a host of complex federal and state regulatory acts and Fair Work legislation that governs areas such as discrimination, unfair dismissal, working hours, employee benefits, and workplace safety. The law aims to maintain a fair and equitable workplace environment for all concerned parties.
You may require the services of an employment and labor lawyer in situations such as unfair dismissal, workplace harassment, discrimination, entitlement claims, and occupational health and safety issues. Additionally, if you are an employer, you may need a lawyer to assist you in regulatory compliance, risk management, resolving disputes, and maintaining a lawful, safe, and effective workplace environment.
The primary law that governs employment in Brisbane is the Fair Work Act 2009 (Cth). This law covers aspects such as minimum wage, unfair dismissal, industrial action, collective bargaining, and workplace safety. In addition, laws such as the Work Health and Safety Act 2011 (Qld) govern the health and safety aspects in the workplace, making it mandatory for every employer to ensure an optimal and risk-free working environment. The Anti-Discrimination Act 1991 (Qld) prohibits any discriminatory behaviours in all aspects of employment, from hiring to termination of employment.
1. Can my employer fire me without a reason?Under the Fair Work Act, an employer cannot fire an employee without a valid reason that is connected to the employee's capacity to perform the job, conduct at work, or due to operational requirements.
2. What could be considered as discrimination at workplace?Discrimination at work could entail treating someone less favourably due to their sex, age, race, religion, disability, pregnancy, sexual orientation among others. This is against the Anti-Discrimination Act 1991.
3. Can I refuse to work overtime?In most cases, reasonable overtime is a part of the Modern Awards or Enterprise Agreements. Refusing to work overtime without a reasonable excuse could be considered a breach of such agreements.
4. What are my rights in case of workplace bullying?In case of workplace bullying, you have the right to seek intervention from management, register a complaint with the Fair Work Commission, or bring a claim under state or federal anti-discrimination laws.
5. Does my employer need to offer me paid sick leave?Most national system employees are entitled to paid personal or carer's leave (often colloquially referred to as 'sick leave') under the National Employment Standards (NES).
You may find it helpful to visit the Fair Work Commission website or the Queensland Industrial Relations Commission website for more information on your rights, the processes involved, and how to lodge a claim. You can also get in touch with the Queensland Law Society for assistance in finding a lawyer specialized in employment and labor law.
If you need legal assistance, it is best to approach a lawyer who specializes in employment and labor law as soon as possible. Before visiting a lawyer, ensure you prepare all necessary information and documents related to your employment issue such as contracts, emails, payslips, etc. Remember, understanding your rights is crucial in resolving such matters satisfactorily.
