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Common Problems (13)

  • Constructive Dismissal | My Work Rights

    Constructive Dismissal Constructive dismissal can occur when the employer engages in conduct that makes the employee's working conditions so intolerable that they are left with no choice but to resign. This can include actions such as bullying, harassment, discrimination, or a breach of an employment contract. ​ To be classified as constructive dismissal, the working conditions must be so bad that a reasonable person in the same situation would have also resigned. We recommend raising this with your employer before resigning if possible. ​ Act now! There is a strict 21-day time limit for making a constructive dis missal claim.

  • Medical Incapacity | My Work Rights

    Medical Incapacity Medical incapacity refers to a situation where an employee is unable to perform their duties due to a medical condition or illness. Under the Workers' Compensation and Rehabilitation Act 2003 (Qld), an employee who suffers a work-related injury or illness may be entitled to compensation and other benefits. If it is work-related, an employee may also be entitled to make a workers' compensation claim if their medical condition. ​ If the employee's medical condition is likely to be permanent and/or they are unable to perform their duties, the employer may consider terminating their employment on the basis of medical incapacity. An employer must consult with their employee before making the decision to terminate and follow a fair and reasonable process. ​ If you're employer is considering medically incapacitating you, get some advice to see whether the process is fair and reasonable. If you are unfairly terminated , you only have 21 days to raise it. ​

  • Queensland Reviews | My Work Rights

    Testimonials Paul has done an exceptional job for me and I would definitely recommend him to anyone having issues. Very prompt, efficient and a successful outcome. Unjustified Dismissal I'd would like to pass on my deepest appreciation to Paul for helping me through the worst employment experience I've ever encountered. He made me feel comfortable. His communication is second to none and also achieved a satisfactory outcome in good time. Unfair Dismissal Amazing the knowledge that Paul has no mucking around means business...done a very good job on my behalf not once but twice too I might add..would fully recommend this company and most certainly Paul Unlawful Dismissal I cannot say enough about the great job Paul did for me. Communication was exceptional, integrity amazing and result outstanding. I couldn't be happier with the outcome. Unpaid Entitlements I was so hugely impressed with Paul. He is efficient, professional and has integrity – qualities sadly lacking in many these days! Will certainly be mentioning him to my friends and contacts Unjustified Dismissal Paul did a great job and I was relieved because I had been through hell. He was very supportive. He knew the law and was able to clarify any aspects (of employment law) that I did not understand. I liked his attitude and his (humanitarian) approach. Trial & Probation Period Excellent communication, sound advise outstanding result Wrongful Dismissal I will continue to use Paul for any possible issues i may have in the future as he always goes that extra mile to ensure you are satisfied with the outcomes and have all relevant information to make the most informed decisions. Would recommend him and his associates to anyone who was looking for a great [advocate]. Unfair Suspension and Dismissal I wanted to thank you for the time and effort you put in for me, I am extremely grateful. Pro Bono Exit Arrangement Thank you thank yo thank you. I am so grateful. I haven’t stopped crying since you told me the news. You have helped me when I am at my lowest point in life and I will never forget it. Trial & Probation Periods I wanted to write and say thank you for representing me. The outcome far exceeded what I was expecting. You are great at what you do. I will be recommending you to everyone I know. Unlawful Dismissal Amazing the knowledge that Paul has. No mucking around means business...would fully recommend this company and most certainly Paul Constructive Dismissal I called Paul looking for advice, I felt vulnerable, humiliated and very much alone, From the initial moment of communication, Paul offered complete reassurance and direction, I not only felt at ease but knew with his unwavering support, there would be a positive solution. Workplace Bullying At a very stressful time Paul took on my case and made the whole process effortless and as stress free as possible. They would also give me regular updates on how it was proceeding. I can not praise this company enough, they are amazing and I would recommend them to everyone. Unlawful Redundancy Paul is the best person you can contact if you have been treated unfairly by your employers. He and his team acts very professional and fast. Pay Dispute Paul was amazing, he replied on the same day and got me a really quick outcome. I couldn't be happier with the service. If you're looking for a professional company that cares about their customers look no further! Holiday Pay Very helpful took awhile but end result was great thank you for your help Wrongful Dismissal Paul was very knowledgeable around my situation and aware of all things pertaining to contract obligations and employment law, which enabled a swift and satisfactory outcome to proceedings, I would not hesitate to recommend his services to anyone who has an employment related issue. Wrongful Dismissal Paul was awesome to deal with and got me a awesome result! Would 100% recommend going with Paul Redundancy/Bullying Thank you sooooo much. You are an amazing [employment advocate]. I couldn’t have asked for someone better. You made a highly stressful situation bearable. Unlawful Redundancy Fantastic!!!! Thanks for everything Paul. You have been amazing!!! Exit Package You guys are amazing amazing amazing. i can not thank you enough. the speed at which you contacted me and responded to emails was just mind blowing - outside of the normal 9-5, i am just so grateful. Exit Package

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Blog Posts (9)

  • What rights do casual employees have in QLD?

    Casual employment in Queensland offers both flexibility and unique entitlements for workers, but navigating these rights can sometimes be complex. Whether you're a student seeking part-time work or someone who values the flexibility of casual hours, understanding your entitlements is crucial. Your rights as a casual employee include: Casual Loading: As a casual employee, you're entitled to receive a casual loading on top of your hourly rate. This loading compensates for the lack of entitlements such as paid leave and typically amounts to 25% or more of your base rate of pay. Leave Entitlements: Contrary to popular belief, casual employees do have leave entitlements. This includes carer's leave, compassionate leave, family violence leave, and community service leave. While these leaves are unpaid, they provide essential protections for casual workers when unforeseen circumstances arise. Superannuation Contributions: Casual workers should also receive superannuation contributions from their employers. If you're over 18, your employer must pay a minimum of 10.5% of your "ordinary time earnings" into your chosen super fund. Overtime Pay: Casual employees are still entitled to overtime pay. If you work more than 38 hours per week or more than 12 hours per day, you should receive an additional payment for overtime, depending on your Award or Agreement. This ensures that casual workers are fairly compensated for any additional hours worked beyond standard limits. Public Holiday Pay: When working on a public holiday, casual employees are usually entitled to 250% of their base rate for hours worked. This substantial increase in pay recognizes the sacrifice of working on public holidays and provides fair compensation for casual workers. Shift Flexibility: As a casual employee, you have the right to refuse, swap, or change shifts. This flexibility allows you to balance work with other commitments and ensures a healthy work-life balance. Minimum Shift Hours: Whether your employer has to provide you with a minimum number of hours per shift depends on your Award or enterprise agreement but generally it is between 2-4 hours. Casual Conversion: If you fit the requirements, you are also entitled to request conversion to permanent employment. An employer cannot fire you just for seeking conversion, that would be an adverse action! To see if you meet the criteria and for the Fair Work Ombudsman's guide to requesting conversion, click here. If you're not getting these rights, or any provided for in your Award or Agreement, we recommend raising it with your employer. If that doesn't work, seek advice!

  • Dismissal: Three strikes and you're out!

    We're clearing up this common employment myth that employers needing to give three warnings before any dismissal can occur... Does an employer need to give an employee three warnings before dismissal? No! It is a common misconception that employee's must get a verbal, written and then a final written warning before there can be a dismissal. Depending on the situation and the seriousness of the misconduct, it may not be appropriate to go through all of these steps. Do they have to give any warnings at all then? No! In cases of serious misconduct, the employee's actions may be so severe that the essential trust in an employment relationship might be completely destroyed. In this case, there may be no other alternative but to dismiss the employee, even if this is a first offence so the employer does not have to have previously given any warnings. What if they have a final warning, can an employer fire them if there is another offence? Not necessarily! Warnings are specific to the misconduct that has occurred so can generally only be relied upon when offences are similar. For instance, if an employee received a final warning for bullying co-workers, an employer may not be able to rely on this to dismiss if they also sign out 15 minutes early on a shift. And remember... Before even getting to the stage of issuing a warning or dismissing an employee, an employer must be confident that good process has been followed. An employer must act reasonably in disciplinary proceedings and not have predetermined outcomes, because this is where employers end up with grievances.

  • Suspensions: Can my employer stand me down from work?

    Let's delve into the intricacies of Australian employment law, particularly when it pertains to those complex scenarios involving suspensions, stand downs, and the enigmatic concept of "special leave." Understanding these matters is key to staying informed and empowered. Understanding Suspensions Suspensions from work are no trivial matter. They come into play when serious issues are at stake. Imagine a referee stepping onto the field for a critical decision – that's what suspensions are like in the workplace. They're invoked during investigations into severe misconduct or when an individual's actions endanger the safety of others, like failing a drug test. However, it's crucial to note that suspensions aren't for minor issues or performance hiccups. They're reserved for significant instances. A Last Resort Approach Before a suspension is even considered, it must be the final option on the list. The intent isn't punitive; it's about maintaining safety – for you and your colleagues. Think of it as a precautionary measure during uncertain times. Open Communication is Key Here's the scoop: your employer can't simply suspend you without explanation. You have the right to know the reasons behind it. Prior to implementing a suspension, they should engage in a dialogue with you. Unless there's an urgent situation, they're obligated to allow you to share your side of the story. Fairness is at the core. Financial Aspects Let's touch on the financial aspect. In most cases, if you're suspended, you're entitled to your regular pay. If your employer decides on an unpaid suspension, this arrangement should be clearly outlined in your employment agreement. Should they choose the no-pay route, they must adhere to a reasonable process. Taking Constructive Action If you're questioning the legitimacy of your suspension, our team of employment law advocates is at your service. Unfortunately, unfair suspensions often occur when employers have already made up their minds. This is where our expertise comes in – offering guidance and assistance during uncertain times. So... So, there you have it – a brief look at suspensions, stand downs, and "special leave" within the context of Australian employment law. Remember, when uncertainties arise, seeking guidance is a good idea.

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