Employment Law – for Employees

Workplace disputes are difficult and stressful.

We’re here to provide advice and assistance to resolve your workplace issues before they deteriorate and cause long term harm to you and your relationship with your employer. Identifying your rights and responsibilities in the workplace can be difficult but we are here to help. The longer a workplace issue remains unresolved, the more likely it is to damage the employment relationship and your wellbeing. Robertson Hyetts aim is to resolve  workplace issues swiftly and discreetly.

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Employment Law – for Employees FAQs

There is no legal requirement for you to sign an employment contract but it is recommended.  A written contract makes the terms and conditions of your employment clear. The contract should include whether your role is full time, part time or casual, where you will work, if there is a probationary period, pay rates, penalties and loadings, leave entitlements, hours of work and termination notice provisions.

If you don’t receive a contract when you start working for a new employer you can ask for one.  You should also receive a Fair Work Information Statement when you start.

The terms and conditions of your employment cannot generally be changed without your agreement.  If you do agree to make any changes the changes should be recorded in writing and signed by both you and your employer.

If you are in receipt of the JobKeeper payment your employer may be able to make changes to your hours of work, days or work, place of work or role without your agreement if certain conditions are met.  For more information visit the Fair Work Ombudsman website.

If you don’t receive a contract when you start working for a new employer you can ask for one.  You should also receive a Fair Work Information Statement when you start.

If you are paid according to an Award, use the P.A.C.T Calculator on the Fair Work Ombudsman site.  Your contract of employment (whether in writing or not) should not include a pay rate that is lower than what you are entitled to under an Award or Enterprise Agreement (or the minimum wage if this applies to you).

If you are worried that you are being underpaid, you can initially call the Fair Work Ombudsman (FWO) or Job Watch for advice. If the FWO can’t assist, we can help you to recover any underpayment.

If you are owed superannuation, the ATO can help you and if you are owed Long Service Leave, the Wage Inspectorate Victoria can give you advice and may be able to help recover your entitlements.

If your employment was terminated in a manner that was harsh, unjust or unreasonable, you may have an unfair dismissal claim.  If you think you were terminated because you were exercising a workplace right or because you feel you have been discriminated against or victimised, you may be able to bring a general protections claim because you were unlawfully dismissed.

If you have resigned and it was a choice you made freely, it is unlikely that you can bring an unfair dismissal claim. Resignation will always complicate a claim so if you feel that you have no choice but to resign because of your employer’s conduct contact us before taking that step.

All lawyers before commencing to act for a person must complete what is known as a conflict check. This is to ensure that the law firm has not previously acted for or against any party in the dispute and has not obtained any confidential information whilst acting in what could be a totally unrelated matter which may affect your case.

Employment Law – for Employees Knowledge Base

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Bendigo Office

386 Hargreaves Street
Bendigo, Victoria 3550
Phone: 03 5434 6666
Fax: 03 5434 6667
Email

Castlemaine Office

157 Barker Street
Castlemaine, Victoria 3450
Phone: 03 5472 1588
Fax: 03 5472 4808
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We acknowledge and extend our appreciation for the Dja Dja Wurrung People, the Traditional Owners of the land that we live and work on, and pay our respects to leaders and Elders past, present and emerging.

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