What an Employment Lawyer in Melbourne will tell you
Anyone in Australia is protected by basic laws when they are in the workplace. These laws have been created to ensure all Australians are protected against exploitation and unfair treatment. Employees should have some choice when it comes to their working conditions. They should also have a voice and the confidence to speak out when they feel they are not being treated fairly by their employers.
Workers rights and laws have been created by the Fair Work Commission to protect workers across Australia. In Victoria, the Victorian OHS Act and Regulations cover most of the legislated health and safety rights of workers in the state. Most workers rights are created to ensure employers keep their obligations for giving you income and other employment benefits.
If you run into issues with your employer there are plenty of options for getting support. One of the first things you should do is approach your workplace’s HR (human resources) department. There should be a HR specialist you can talk to about workplace issues. They should also be an effective mediator between you and a colleague or your manager.
But not all workplaces have the luxury of a HR team or specialist to help you out. If you are part of a union you can reach out and share your case with them. A better solution would be to talk to Employment Lawyers in Melbourne. Employment Lawyers are familiar with the Fair Work Commission. These professionals can review your situation and provide costly legal advice.
Employment Lawyers in Melbourne can recommend the right course of action if you choose to take your employer to court. In some cases, it may not come to that. Employment Lawyers in Melbourne can help you reach a settlement out of court. This helps you avoid costly fees for being represented in court. Employment Lawyers can also act as mediators between you and your employer. Sometimes the solution to the problem can be easily fixed.
Issues everyone is covered by
The right to join a union
Workers in Victoria are covered by a wide range of laws. Common examples of these include the right to join a union. Being part of a union can help you gain better sick leave and holiday leave entitlements. You may also be able to gain long service leave and paid maternity leave. Generally speaking, union members receive better training, work conditions and more job security.
Protection against discrimination
No one working in Australia should feel discriminated against for being themselves. Discrimination laws are created to protect you from being discriminated against for your gender, sexual orientation or marital status. Other items covered include your age, physical features pregnancy or political beliefs.
Your safety
Occupation health and safety legislation has been created to ensure you can carry out your work in a safe manner. Employment Lawyers in Melbourne can review your employer’s approach to occupational health and safety. If you are in any way injured or harmed during work, you may be eligible to challenge your employer for compensation. Workplace incidents are usually caused by a poor approach to occupational health and safety.
Sexual harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favours, and other physical or verbal advances of a sexual nature. It is everyone’s right in Australia to work in an environment where they don’t have to deal with sexual harassment. You are entitled to work under conditions where sexual harassment is not a part of your job. Employment Lawyers in Melbourne can review your work conditions and consult you on the best action to take against sexual harassment.
Issues for permanent workers
Permanent workers have the right to a number of conditions for their permanent work contract. One of the biggest points to note is the protection against unfair dismissal. This protection applies to anyone who has been a permanent employee and has been employed for at least six to 12 months. Permanent workers are entitled to the following:
- Annual leave
- Public holidays
- Sick leave
- Maternity leave
- Long service leave.
Issues for casual workers
While casual workers are not entitled to things like annual leave, there are still a number of issues they are covered for. Casual workers still have the right to casual loading. This is a higher rate of pay that is designed to compensate for not having annual leave and sick leave. Good Employment Lawyers in Melbourne will tell you to review your AWA (Australian Workplace Agreement). Your casual loading should be covered in this AWA.
Casual workers should also be protected from unfair dismissal if they have been regularly employed for over six months or 12 months if the employer has less than 15 employees.