JR Baker Law Canberra

LEGAL SERVICES CANBERRAEMPLOYMENT PROBLEMS

 

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Employees

We can help you if you are an employee if your employer does not meet the responsibilities and duties outlined in the Fair Work Act (2009) and the Fair Work Regulations(2009):

These include your contract, probation, your health and safety in the workplace, salary, leave, your professional and skills development and superannuation payments.

As an employee you have rights in the workplace. The Fair Work Act 2009 protects you in the work place from any harmful action taken against you by your employer because of your age, gender, your sexuality, some activities relating to your membership of a union or your personal circumstances such as pregnancy or the effects of a workplace injury.

It would be unlawful, for example, for your employer to harass you, demote you or dismiss you if you asked the Fair Work Commission to investigate your salary or working conditions or personal circumstances.

We can help you if your workplace becomes very difficult for you for all sorts of reasons and you believe you have to leave for your own welfare:

If you do leave this is called ‘constructive dismissal’ and you may be able to put your case to the Fair Work Commission.

The Fair Work Commission can assist you if you believe you have been denied your workplace rights.

We can help you with your application to the Commission.

There are time limits in some matters. For example, if you believe you have been unfairly dismissed or forced out of your job because the workplace is intolerable for you, you have 21 days from the date of your dismissal (or leaving) to apply to the Commission.

Employers

We can help you if you are an employer and if you are uncertain about your responsibilities and duties outlined in the Fair Work Act and the Fair Work Regulations (2009) especially if yours is a small business:

These include managing your workplace practices according to law, the contract you have with your employees, what you must consider if your employees are under performing and what you can do if you believe you have grounds for dismissing an employee or need to make an employee redundant.