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Bendigo sits in Victoria, but most hiring and firing rules are set at the national level by the Fair Work framework. The key piece is the Fair Work Act 2009, which introduces the National Employment Standards (NES) and sets minimum entitlements for most employees nationwide. Employers in Bendigo must comply with these standards when hiring, paying, and terminating staff.
In addition to federal law, Victorian laws address workplace discrimination, harassment, and safety. The combination of federal and state provisions shapes how termination, restructures, and disciplinary actions should be carried out in the Bendigo region. If you face a workplace issue, you may need both a solicitor and, at times, a local community legal service to navigate complex requirements.
Consider these concrete, Bendigo-specific scenarios where hiring a lawyer can help protect your rights or the business interests involved:
A lawyer can help you evaluate whether a claim is best pursued under the Fair Work Commission, a court, or through alternative dispute resolution. They can also assist with drafting and reviewing severance agreements to avoid future disputes.
The Bendigo employment landscape operates under both national and Victorian frameworks. Here are 2-3 key laws and the roles they play in hiring and firing in Bendigo:
The Fair Work Act 2009 provides the framework for minimum wages, leave, and termination rights across Australia. The NES sets the baseline entitlements for most employees. The Act began to operate in mid-2009, with the NES fully in effect from 1 January 2010. This infrastructure governs how employers can hire, terminate, and handle entitlements in Bendigo workplaces. Fair Work Commission and Fair Work Ombudsman resources explain how these standards apply in practical terms.
The Fair Work Commission generally requires unfair dismissal applications to be lodged within 21 days of dismissal.
Victoria enforces workplace safety through the Occupational Health and Safety Act 2004 and subsequent amendments. This regime governs safe work practices during employment, including processes around dismissal that may involve safety concerns or injuries. Employers in Bendigo must maintain safe workplaces and address risk, with enforcement and guidance provided by state authorities. Legislation Victoria provides the text and updates to OH&S obligations.
The Equal Opportunity Act 2010 addresses discrimination, harassment and victimisation in employment. It applies to hiring, promotion, compensation, termination and work conditions within Victorian workplaces, including Bendigo. The act has been amended over time to strengthen protections and enforcement options. Victorian Equal Opportunity and Human Rights Commission offers guidance and complaint pathways.
The following questions cover practical, procedural, and definitional topics you may encounter in Bendigo. Each question starts with a word like What, How, When, Where, Why, Can, Should, Do, or Is and ends with a question mark.
Unfair dismissal occurs when a genuine reason for termination is lacking or the process was harsh, unjust, or unreasonable. The Fair Work Commission handles these claims and considers factors like length of service and the size of the business.
Begin by gathering pay records, timesheets, and award information. Contact the Fair Work Ombudsman for guidance and potential investigations. They may assist with back payments and penalties if violations are found.
Discrimination claims can arise at hiring, promotion, or termination, based on protected attributes. The Victorian Commission or Fair Work processes can accept these complaints depending on the context.
Unfair dismissal claims are typically lodged with the Fair Work Commission. The agency provides online forms and guidance on evidence and deadlines.
Reclassification is often used to alter entitlements. A lawyer can help determine if the arrangement reflects actual employment or misclassification to avoid obligations.
Yes. A lawyer can negotiate notice, severance, accrued entitlements, and transition support, tailored to local conditions and applicable awards.
Be cautious. A solicitor can review any settlement offer to avoid waivers of future rights and ensure enforceability of terms.
Not always. You can raise concerns about safety without fear of retaliation, and OH&S authorities can investigate hazards and breaches.
Yes. Unfair dismissal applications generally must be lodged within 21 days of the dismissal date, though extensions may be possible in some circumstances.
Keep emails, pay slips, timesheets, contract terms, performance reviews, and any witnesses or notes of conversations relevant to the firing or entitlements.
Times vary widely. An unfair dismissal matter can take a few months to over a year depending on complexity, court backlogs, and whether mediation occurs.
You can hire a solicitor with national experience, but a local Bendigo solicitor may better understand local practices, courts, and cost expectations.
Access official resources to understand rights, processes, and remedies in Hiring & Firing matters:
