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!

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.

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.

If you're experiencing workplace stress, bullying or have been treated unfairly, you might be considering raising a personal grievance. So let's break what exactly a personal grievance is. What is a personal grievance? A personal grievance is a formal complaint made by an employee against an employer. It can be about any aspect of the employment relationship, such as unfair treatment, harassment, discrimination, or unjustified dismissal. What are some examples of grievances? There's many reasons that an employee might need to raise a grievance. Some of these might include being: demoted or having your wages deducted without your agreement; bullied by a manager or co-worker; given a warning without any good process; or dismissed unfairly "People don’t leave bad jobs, they leave bad bosses" - Unknown What is the most common type of grievance filed? The most common type of grievance filed is one related to disciplinary action taken by an employer. This may include disputes over the fairness of the disciplinary process, the severity of the penalty imposed, or the evidence used to support the disciplinary action. What happens with a personal grievance? When a personal grievance is raised, the employer should investigate the matter and respond in writing. If the matter cannot be resolved through mediation or other means, the employee may be able to take the matter to the Fair Work Commission for resolution. Is a grievance confidential? A grievance is generally treated as a confidential matter, and the details of the complaint should not be shared with anyone who is not directly involved in the process. However, there may be exceptions where it is necessary to share certain information, such as in the QIRC or FWC. Can a grievance be ignored? Technically, an employer can choose to ignore a grievance. However, doing so can lead to a breakdown in the employment relationship if it is still ongoing, and may be considered to show a lack of good faith. It is generally in the best interests of both parties to address grievances in a timely and constructive manner. Can I lose my job for raising a grievance? It is illegal for an employer to terminate an employee's employment or treat them unfairly just because they have raised a grievance. However, unfortunately this doesn't mean that it won't affect the employment relationship. Is it worth it to file a grievance? Yes, especially if you have already tried and your employer won't resolve the issue. No one should have to out up with being treated unfairly in the workplace. So... If you're experiencing employment issues and you're considering raising a grievance, call us now for a free chat about what this might look like and how we can help you.

Generally, an employer can't deduct from or withhold your pay without your agreement, except legally required deductions (like tax). What if they did it without my agreement? Even if you have caused damage, or slacked off deducting without your agreement could be unlawful. This could also affect your trust in your employer, the employment relationship, and result in you raising a personal grievance if its not resolved. Why is this? Employees' wages are protected under the Industrial Relations Act 2016 (Qld) and the Fair Work Act 2009 (Cth). Paying employees correctly and on time is a fundamental responsibility of employers. This includes paying employees at least twice per month, with payment made either weekly, fortnightly, or monthly as agreed between the employer and employee. It's important to note that some awards or agreements may contain specific requirements regarding your industry's pay periods and payment dates. Why else is this important? Not only is this a legal requirement, but it is also a key aspect of maintaining a positive and productive work environment. Late or missed payments can cause stress and financial hardship for employees, which can negatively impact their work performance and morale. By paying employees on time, employers demonstrate their commitment to their well-being and show that they value their contributions to the organization. So what should I do if my employer doesn't pay me? Raise it with your employer and ask for it to be remedied within a specific timeframe. If it can't be, then you may consider raising a grievance.

Generally a disciplinary meeting happens when there is an allegation of misconduct or serious misconduct, so it can be quite serious and very stressful. Here's some of the basics of what to expect. What is meant by a 'disciplinary process'? The disciplinary process is a formal procedure that employers use to address employee misconduct or performance issues. The purpose of the disciplinary process is to help employees understand what is expected of them, to identify and address any issues, and to provide a fair and consistent approach to dealing with misconduct. What must an employer do in a fair disciplinary process? An employer must: let you know the allegations, how serious they are and what the worst outcome could be before meeting with you; consult you if they plan to suspend you and only suspend you if it is absolutely necessary; give you time to take advice before asking you to respond to the allegations; genuinely consider your response before making a decision; and treat you fairly and reasonably by acting in the same way that an objective person might "Consistency rules in a disciplinary" - David Harris What are the steps in the disciplinary process? The disciplinary process typically involves four main steps: investigation; disciplinary hearing; decision-making; and appeal The investigation stage involves gathering information and evidence about the alleged misconduct, typically carried out by the employer or HR department. The disciplinary hearing is where the employee has the opportunity to present their case and respond to the allegations. The decision-making stage involves determining whether the employee is guilty of the misconduct and what disciplinary action is appropriate, such as a warning, suspension, or termination. If the employee disagrees with the decision, they may have the right to appeal or to raise a grievance. What happens during a disciplinary meeting? During a disciplinary, an employee may be presented with allegations of misconduct or poor performance and given the opportunity to respond. They should have all the important evidence and information so they can genuinely respond to the allegations. The employee may be asked questions and may have the opportunity to present their side of the story. They can bring a support person or representative to help them convey their response. What should you do in a disciplinary hearing? Try to keep as calm as possible. While it can be stressful and you should try not to respond in a way that is confrontational or argumentative as it rarely improves the situation. You can also take notes, ask questions and ask for breaks or to adjourn to seek further advice. What could the outcome be? Depending on the seriousness of the allegations, outcome could include verbal warnings, written warnings, suspension, demotion, and termination. So... You should definitely take a disciplinary seriously as it can affect your employment. If you've been invited to a disciplinary meeting, call us now for a free chat about what you should expect and how we can help you.

We understand that in trying financial times it can be hard to pay an hourly rate for employment advice. This is why our advocates work in most cases on a 'no win no fee' basis. What does no win no fee mean? Basically, if we take your case on on a no win no fee basis this means that our fee comes out of whatever we can achieve for you. This means that you don't need to pay our hourly rate as we go along and whether we work ten hours or 50 hours, your fee is 1/3+GST of what we achieve for you. This way, there is no financial risk for you as you explore options to resolve your employment problem. Note: Sometimes there are fixed fees, ie, to file with the Fairwork Commission, but this is all laid out in our terms and conditions. When do we charge a fee? Some cases aren't suitable for a no win no fee situation, as we aren't seeking a financial outcome for you. This can include work like negotiating notice periods or representing you in disciplinary meetings. If you have any further questions about our cost structure, don’t be afraid to get in touch.

Constructive dismissal is something we get asked about frequently, so lets break it down. What is constructive dismissal In simple terms, constructive dismissal occurs when an employer's actions or behavior towards an employee are so bad that the employee feels they have no other choice but to quit. Basically, it could be anything unreasonable that causes the situation to become untenable for you. What does this look like? This can happen when the employer breaks the rules of the employment contract, behaves in a really bad way, or makes the workplace unbearable. Some examples of behavior that could lead to constructive dismissal are not being paid your wages, being made to work in dangerous conditions, or being harassed or discriminated against. Or, if your employer fails to act reasonably when you raise a concern, for instance, if you say that you are being bullied by another co-worker. But my employer didn't tell me I was fired? If you can show that their employer's behavior was a major factor in their decision to quit, and that quitting was the only option they had, then they may be able to make a case for constructive dismissal, even if your employer doesn't outright tell you to leave. What should I do? In general, the onus is on the employee to raise their concerns where possible before resigning, but if you don't do this it won't necessarily prevent you from successfully claiming that you've been constructively dismissed.

What is it? Medical incapacity is a term used to describe an individual's inability to work due to a medical condition or illness. This might be a permanent condition, or one that they could recover completely from. Either way, an employer should first work around the employee's condition and termination certainly should not be rushed into! What should an employer do before considering medical incapacity? If an employer is concerned that you are not going to be able to return to your role, either for a significant period or indefinitely, before doing anything, they need to get all the facts straight. This means: what your employment agreement says what your prognosis is whether the business can operate without you until you can return fully if it can't, could the role be filled in a casual capacity, by a temp or by another employee for the temporary period until you can return if not, whether there are alternative roles either temporarily or permanently Note: Employers shouldn't replace you permanently while you are still employed The medical incapacity process First and foremost, this is a process! The employer must consult you before making any decisions and they need to let you know that this process could affect you employment. This process involves knowing what you say what your medical experts say if there are alternative hours or roles that you could, and would, do? ... before an employer makes a decision! If they don't do this? Then any termination could be an unfair dismissal and you could have a grievance to raise.