FAQs matching Employment Law - Worker Perspective

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Does an employee have a duty to obey an unlawful order from an employer?

Practice Areas: Employment Law - Worker Perspective

The implied duty to obey may be one of the most important implied duties, however, there are limits – such as a request to perform an illegal act. Unlawful...

What is reasonable notice when a contract of employment is terminated?

Practice Areas: Employment Law - Worker Perspective

In ascertaining whether notice is reasonable is often a question of fact, as was highlighted in Rogan-Gardiner v Woolworths Ltd [2012] WASCA: “The...

Can a relationship exist between an employee and employer if there is no employment contract?

Practice Areas: Employment Law - Worker Perspective

No, because the most important feature of a contract of employment is that quite simply, there can be no term of employment if there is no actual contract,...

What are the relevant pieces of legislation affecting employers and superannuation?

Practice Areas: Business & Commercial Law, Employment Law - Worker Perspective, Superannuation & Elder Law

The primary legislative instrument affecting employers is the Superannuation Guarantee (Administration) Act 1992 (Cth) – that provides...

When is suspending an employee from work lawful?

Practice Areas: Employment Law - Worker Perspective, Industrial Relations, Redundancy, Unfair Dismissal

It should be noted first off that there exists no common law right to suspend an employee without pay for misconduct – even in instances where the...

What are the eligibility requirements for unpaid parental leave under the Fair Work Act?

Practice Areas: Employment Law - Worker Perspective, Industrial Relations, Children

In order for casual employees to be eligible for unpaid parental leave, they must satisfy the following criteria under s 67 of the Fair Work Act: the...

What are the eligibility requirements for unpaid parental leave under the Fair Work Act?

Practice Areas: Employment Law - Worker Perspective, Children

In order for casual employees to be eligible for unpaid parental leave, they must satisfy the following criteria under s 67 of the Fair Work Act: the...

What are the eligibility requirements for unpaid parental leave under the Fair Work Act?

Practice Areas: Employment Law - Worker Perspective, Children

In order for casual employees to be eligible for unpaid parental leave, they must satisfy the following criteria under s 67 of the Fair Work Act: the...

How is an employee protected from unfair dismissal?

Practice Areas: Employment Law - Worker Perspective

An employee (excluding parties such as independent contractors) can make a claim against an action of unfair dismissal if they have worked at least the...

I'm a labour hire employee and was just wondering if I can make an unfair dismissal claim under the Fair Work Act?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal

Labour hire employees and agency workers may have some difficulty in making an unfair dismissal claim under ss 382 – 384 of the Fair Work Act. For...

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