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In Mount Waverley, Australia, employment rights are safeguarded through a combination of federal and state laws. Employment rights encapsulate various aspects from workplace safety, discrimination, and bullying, to unfair dismissal, pay, and employment conditions. The Fair Work Act 2009 is the predominant federal legislation that covers a broad range of employment issues. However, certain aspects of employment rights, like occupational health and safety, and workers' compensation, are generally covered by state legislation in Victoria, such as the Occupational Health and Safety Act 2004.
Employment law can be complex and navigating your rights within the workplace can be difficult. You may need an employment rights lawyer in situations such as disputes regarding unfair dismissal, workplace discrimination, wage and hour disputes, workplace harassment or bullying, and issues with employment contracts. A lawyer could provide proper advice, guide you through the legal process, assist in negotiations, or represent you at a workplace tribunal or in court.
The key employment laws relevant to Mount Waverley are the Fair Work Act 2009 (Cth) and the Occupational Health and Safety Act 2004 (VIC). Except for certain categories, the Fair Work Act 2009 applies to all employees in Victoria. It covers issues like minimum working conditions, unfair dismissal, industrial action, compliance and enforcement. Furthermore, the Occupational Health and Safety Act 2004 governs workplace safety regulations to ensure that undertakings by employers do not endanger the health, safety, and welfare of employees and other persons at work.
The Fair Work Act 2009 outlines 10 National Employment Standards (NES) that set the baseline for full-time, part-time, and some casual employees. These include maximum weekly hours, requests for flexible working arrangements, leave entitlements, public holidays, notice of termination and redundancy pay, among others.
No, unfair dismissal laws do not extend to all employees. Certain conditions such as a minimum period of employment and the size and annual turnover of the employer entity can affect your eligibility to apply for unfair dismissal.
Workplace discrimination occurs when an employer takes adverse action against an employee based on certain attributes such as race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, or political opinion.
If you believe you are a victim of bullying or harassment in the workplace, you should first report it to your managers or human resources department. If the situation persists, you can take your claim to the Fair Work Commission.
Under the NES, whether you can be asked to work on a public holiday depends on the terms of your award or agreement. As an employee, you have a right to refuse a request to work on a public holiday under reasonable circumstances.
Some helpful resources related to Employment Rights are the Fair Work Ombudsman, the Victorian Equal Opportunity and Human Rights Commission, and Safe Work Australia. These organizations provide guidance on different aspects of employment rights and can offer assistance in understanding your rights and obligations.
If you believe your employment rights have been violated or if you are facing issues you cannot resolve with your employer, consider seeking legal assistance. Start by gathering all related documents and evidence related to your issue. Then, contact a lawyer specialising in employment rights who can guide you through the legal process based on your specific situation.
