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Advocate Lawyers

Advocate Lawyers

Kingston, Australia

Founded in 2022
10 people in their team
About usNow open in Kingston and Hobart! Advocate Lawyers provides services to residents of the Channel, Huon, Hobart and beyond. We can assist with...
English

About Employment Rights Law in Kingston, Australia

In Kingston, Australia, Employment Rights Law encompasses a variety of statutory laws and judicial regulations that dictate the rights and obligations of both employers and employees in a workplace. These laws cover a wide range of topics including workplace discrimination, unfair dismissal, remuneration, working hours, leave entitlements, and workplace safety.

Why You May Need a Lawyer

While many individuals are capable of understanding basic employment rights, complex situations may require the assistance of a lawyer. These may include situations such as contract negotiation, workplace discrimination cases, wrongful termination, or legal proceedings associated with worker's compensation or unfair dismissal claims. A lawyer can also provide valuable assistance if you are starting a business and need guidance on employment contracts and policies.

Local Laws Overview

The Fair Work Act 2009 is the main law governing employment rights in Kingston. It sets standards for minimum wage, maximum weekly hours, leave entitlements, and the procedures for collective bargaining and dealing with disputes. The Sex Discrimination Act 1984, Disability Discrimination Act 1992, and the Racial Discrimination Act 1975 cover discriminatory practices in the workplace. The Workplace Health and Safety Act 2011 addresses working conditions and obligations of employers to ensure worker's safety.

Frequently Asked Questions

What is considered unfair dismissal?

An unfair dismissal refers to a situation where an employee is dismissed from their job in a harsh, unjust or unreasonable manner. It might also be considered unfair if the dismissal was inconsistent with the Fair Work Commission's Small Business Fair Dismissal Code.

What should I do if I feel I have been discriminated against in the workplace?

If you believe that you've been discriminated against based on race, color, sex, sexual orientation, age, physical or mental disability, or religion, you can file a complaint with the Australian Human Rights Commission.

What are my rights relating to leave entitlements?

Full-time employees in Kingston are entitled to four weeks of paid annual leave for each year of service, along with ten days of paid personal leave. Long service leave allocations may differ based on the territory laws.

What constitutes as workplace bullying?

Workplace bullying is identified as a pattern of unreasonable behavior that could potentially risk the health and safety of an employee. It includes victimization, harassment, or discrimination.

Are casual workers entitled to the same employment rights?

No, casual workers have different entitlements compared to part-time or full-time workers. While casual workers do receive a higher pay rate (often known as a 'casual loading'), they might not receive some benefits that permanent employees do, such as paid leave.

Additional Resources

The Fair Work Commission, Fair Work Ombudsman and Australian Human Rights Commission are vital resources for anyone seeking advice on employment rights. They provide a wealth of information on different topics along with resources to submit complaints and to seek mediation or resolution.

Next Steps

If you need legal assistance in Kingston concerning your employment rights, you should consult a legal professional who specializes in employment law. They can provide the legal advice you need based on local laws, court rulings, and legal precedents. You may also contact the Fair Work Commission for resolutions on certain workplace issues.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.