Workplace Law FAQ

My employer has terminated my employment without warning. What do I do?

If you have been terminated without notice or warning by your employer then you may have rights to bring an unfair dismissal claim or a general protections claim against your employer.

I want to change roles, but I have a restraint in my current employment contract. What options do I have?

If your employer has imposed a restraint in your employment contract (and there is a sound commercial reason for your employer to do so) but the terms of your restraint are too harsh or onerous (you still have to earn a living!), you should seek advice before signing a new employment contract or before resigning from your current position as there may be repercussions for you and you may be restrained from competing against your employer for a set period of time.

I have been asked to sign a release by my former employer, but I do not know if I should?

At the time your employment is terminated, either by you or your employer, it is common practice for an employer to request that you sign a release stating that you will keep everything you learnt or created during the term of your employment confidential. This may already be covered in your employment contract and may be unnecessary additional paperwork for you to sign or you may be consenting to an additional term without realizing. You should seek advice before signing a release at the termination of your employment.

I feel that I have been bullied by my employer and/or my colleagues. What rights do I have?

If you feel that you have been bullied by your employer and/or your colleagues, you have to consider the type of behavior and whether it is a ‘one off’ or ongoing. Is the behavior occurring in the workplace or outside the workplace? (i.e. text messages, social media). Is the behavior causing you physical, emotional and/or mental distress? You may have a claim against your employer and/or colleagues under workplace legislation and should seek advice immediately.

I am an employer and I need to terminate the employment of an employee, but we have no employment contract/agreement. What do I do?

Should you need to terminate the employment of an employee for any reason but do not have an employment contract, the termination will be governed generally by the National Employment Standards (NES) or an applicable award. Obtaining legal advice before terminating the employment of an employee is the best way to protect yourself!

No Comments

Sorry, the comment form is closed at this time.