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Employment rights law in Geelong is governed by a mix of federal and state legislation designed to protect both employees and employers. As part of the Victorian state, employees in Geelong are covered by the National Employment Standards (NES), the Fair Work Act 2009, and additional state-based regulations. These laws set out minimum conditions of employment, protect against unfair treatment, discrimination, and ensure safe workplaces.
Whether you are working full-time, part-time, casual, as a contractor or apprentice, understanding your rights and obligations is essential for a positive and lawful workplace experience.
Many employment issues can be complex and confusing. People in Geelong often seek legal help for reasons such as:
A qualified employment lawyer can help by explaining your rights, guiding you through formal dispute processes, and representing you in negotiations or legal proceedings.
In Geelong, employment rights are influenced by both federal and Victorian laws. Key aspects include:
It is important to note that some public sector or state government employees may be covered by different rules or agreements.
Your basic rights include fair pay, safe working conditions, protection against unfair dismissal, entitlements to leave, and freedom from discrimination or harassment.
Permanent employees are entitled to annual leave and personal leave (which includes sick leave) under the National Employment Standards. Casual employees generally receive a higher pay rate in lieu of these entitlements.
You can raise the issue with your employer or HR department. If the issue is not resolved, you may lodge a complaint with the Fair Work Commission or seek legal counsel for additional support.
In most cases, employers must provide notice of termination or payment in lieu of notice. Exceptions include serious misconduct or if your contract specifically allows it under certain conditions.
Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable manner. Employees may have the right to challenge such terminations through the Fair Work Commission.
Contractors generally have different rights compared to employees. However, in some situations, the law may consider a contractor an employee, especially if the working arrangement is similar to that of an employee.
Raise the issue with your employer first. If it is not resolved, you can seek assistance from the Fair Work Ombudsman or obtain legal advice to recover unpaid wages or entitlements.
Yes. Victorian and federal laws make it illegal to discriminate against employees based on protected attributes, such as race, gender, age, disability, sexual orientation, and more.
You should first report the safety concern to your employer or health and safety representative. If the issue is not addressed, you can report it directly to WorkSafe Victoria.
Certain employees have the right to request flexible working arrangements. Your employer must consider your request and can only refuse on reasonable business grounds.
The following resources and organizations can provide more information and support regarding employment rights in Geelong:
If you believe your employment rights have been breached, it is important to act promptly. Start by discussing the issue with your employer where appropriate and documenting relevant information such as pay slips, employment contracts, rosters, and correspondence.
If the issue cannot be resolved internally, consider:
Professional legal advice can help clarify your position, guide you through your options, and represent your interests if the matter escalates. Remember, time limits may apply for certain types of claims, so it is important to seek help as soon as possible.
