FAQs matching Employment Law - Worker Perspective

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If I'm injured at work, when can I apply for compensation?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, OHS, Industrial Relations, Employment and Human Resources

If an employee is injured carrying out their duties, and the work undertaken was a significant contributing factor towards the injury or disease suffered,...

What are the general confidentiality and contractual obligations associated with employment contracts?

Practice Areas: Employment Law - Worker Perspective

Generally, a contract of employment will have both express and implied obligations to ensure the employer’s confidence. In Deta Nominees Pty Ltd...

What options are available to employees who have been unlawfully suspended from the workplace?

Practice Areas: Employment Law - Worker Perspective

In instances where an action of suspension is not available to an employer through contract, award or statute, yet the employer still undertakes such an...

Are casual employees protected against unfair dismissal?

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

For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383...

What is the managerial prerogative in relation to employment law?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective

Although a request to perform acts beyond the function and contractual appointment may not need to be obeyed by the employee, there are a number of matters...

Can employment contracts benefit a child?

Practice Areas: Employment Law - Worker Perspective

In contrast to the ‘supply of necessities’, the courts tend to construe the concept of ‘benefit’ more narrowly, as a consequence,...

Who is responsible for workplace health and safety?

Practice Areas: Employment Law - Worker Perspective, OHS

Using s 19 of the Work Health and Safety Act 2011 (NSW) (WHS Act) as our guide, the primary duty of care for managing workplace health and safety...

Can a conditional notice of termination of a contract of employment be considered valid?

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

A conditional notice of termination may be valid provided that the fulfilment of the condition is operational. In Fardell v Coates Hire Operations Pty...

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...

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...

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