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 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. ​

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

Unfair Dismissal If you've been terminated from your employment and feel that the circumstances surrounding it were unfair, unreasonable, or harsh, you may be able to make a claim for unfair dismissal. This area of law can be complicated, but our experienced employment advocates can provide guidance and support to help you through the process. ​ To make an unfair dismissal claim, you must meet certain criteria under the Fair Work Act 2009 or similar state legislation. You're considered to have been dismissed if your employer ended your employment or if you were forced to resign due to conduct by your employer that left you with no reasonable choice (constructive dismissal). ​ Act now! There is a strict 21-day time limit for making an unfair dismissal claim. ​ ​

Advice about your work rights is only a call away! Call us for free Online form CONTACT COMMON PROBLEMS Common Problems Unfair Dismissals Have you been fired unfairly, without proper process or based on discrimination? Up Disciplinary Me etings If your employer has alleged misconduct, they must follow a robust process Up Trial & Probation Periods There are important steps that need to be taken for a lawful trial. Up Redundancies If your employer proposes a restructure or redundancy, it needs to be a genuine process! Up Workplace Bullying Workplace bullying is repeated, unreasonable behaviour. What does this look like? Up Constructive Dismissal If your employer has made work untenable, then you may be being constructively dismissed Up Exit Packages Sometimes if the relationship breaks down and you need to exit on your own terms Up Genera l Protections Employment Law protects you from discrimination and adverse actions Up Other problems and insights ABOUT US About Us Don't worry Queensland, you are only one free call away from all the support you'll need to tackle any employment law problem you have. If calling isn't your thing fill out our form. ​ We have a team of employment experts in Queensland ready to help you right now. In most cases, we only charge a fee if we are successful. We work this way because we believe in fairness and access to justice. ​ It may seem impossible to stand up for your rights. However, with the team at My Work Rights supporting you, you'll be surprised at what can be achieved. ​ Any doubts? Contact us. There's nothing to lose. Learn More About Our Process WHAT PEOPLE SAY What our clients say It was reassuring having Paul represent my case and fight for the desired outcome I had hoped for. J* (name changed) Unfair dismissal I cannot speak highly enough of Paul and the service he rendered to me! I would have been lost without his help! D* (name changed) Workplace bullying What an exceptional service I received. I highly recommend to anyone out their being unjustly dismissed N* (name changed) Unfair dismissal See all of our reviews

Workplace Bullying Workplace bullying in Queensland, Australia is defined as repeated and unreasonable behavior that creates a risk to health and safety. This can include actions such as verbal abuse, intimidation, belittling, and exclusion from work-related activities. ​ The state of Queensland has specific laws in place to address workplace bullying. The Work Health and Safety Act 2011 outlines the responsibilities of employers, managers, and workers to prevent and manage workplace bullying. If you're not being supported and kept safe, then your employer may not be acting lawfully. If you have raised with with your employer, and it cannot be resolved, you only have six months to make a claim to the Fair W ork Commission (FWC) or Queensland Industrial Relations Commission (QIRC ). ​ If it is so bad that you are thinking about resigning, get advice first! You may have a claim for constructive dismissal. ​

General Protections under Employment Law In Queensland, employment law protects employees against discriminatory or retaliatory actions by their employers. This can include: Discrimination: Employers cannot take adverse action against employees on the basis of their race, gender, age, religion, disability, or other protected attributes. Industrial activity: Employers cannot take adverse action against employees who are exercising their rights to take part in industrial activities, such as joining a union, participating in industrial action, or making a complaint about their employment. Temporary absence: Employers cannot take adverse action against employees who are temporarily absent from work due to illness or injury. ​ Family or carer responsibilities: Employers cannot take adverse action against employees who have family or carer responsibilities, such as caring for a child or elderly relative. Political opinion: Employers cannot take adverse action against employees on the basis of their political beliefs or activities. ​ If you believes that your employer has taken adverse action against you on one of these grounds, you may have a case to raise. ​ Act now! There is a strict 21-day time limit for making a claim if you have experienced this adverse action!

Trial and Probation Periods Employers can put your on a trial or probation period, so long as you know about before your start, its included in the employment agreement and they provide you with adequate feedback and support during the trial period. In Queensland, the maximum length of a trial period for a small business employer (with fewer than 15 employees) is 6 months. For other employers, the maximum length of a trial period is 12 months. This does not apply to casual employees who are not subject to a trial under the Fair Work Act 2009 (Cth). ​ During this period, your employer may terminate you employment without notice or reason, and you may resign without notice. However, any termination during the trial period must not breach any other applicable laws, such as anti-discrimination laws. ​ If you have been dismissed under the trial period, and you think its unfair then act now! There is a strict 21-day time limit for making an unfair dismissal claim.

Disciplinary Meetings Here are just a few really important things to consider beforehand: DO get advice before you attend the disciplinary meeting or investigation meeting. We also strongly urge you to take an employment advocate or lawyer with you to the meeting. DO get hold of all the right information and prepare your responses before the meeting. DON’T take the process too lightly. Many people think that what their employer is accusing them of isn’t that bad and get a nasty shock when they are dismissed for it. Your employer should have given you a letter to invite you to a disciplinary meeting or investigation meeting. In this letter they should have told you that you have the right to bring a support person or legal representative. This can include an employment advocate or lawyer. The employer should also have told you precisely what the allegations against you are. They should also have told you what the worst outcome could be for you. In other words, could you be given a warning or might it mean being dismissed? If you have been called to a disciplinary meeting, or an investigation meeting, call us urgently for a free 10 minute phone consultation. We can arrange an employment advocate to attend the meeting in support of you either by phone or in person. ​

Our process Step One: Free Consultation When you phone or fill out our form, we'll assess your case and answer any initial questions you may have about employment law and your situation. If you need further support, they will then assign your case to the employment advocate best suited to help you. They'll talk to you about what options you might have and what they would recommend as the next step. CONTACT US Step Three: Progress Your Case This might involve supporting you in a disciplinary meeting, representing you in a restructure, negotiating an exit package, or agreeing a financial settlement with your employer. Typically, once we are involved your employer is required to deal directly with us which takes a lot of the stress off your shoulders. CONTACT US Step Five: Conciliation ​If it can't be solved informally with your employer, then we may need to go to conciliation. Conciliation is confidential, neutral and facilitated by an impartial person provided by the Fair Work Commission. We will be with you to present your case and help make sure you can get your side across. Your employer will have their opportunity to reply. Both parties will then try to resolve the issue. If this is successful, tboth parties sign off on a confidential and legally binding agreement. CONTACT US Step Two: Authority to Act If you decide to proceed you will receive an email with our Terms of Engagement (i.e. our fees) and an Authority to Act form. Giving us Authority to Act means that we can legally speak on your behalf. Once you have given us authority to act on your behalf, we'll get to work trying to resolve your employment issue. ​ CONTACT US Step Four: Informal Settlement Most of our cases are settled at this informal stage. This means that both parties come to a confidential agreement that resolves all the issues raised. If there is an agreement, we'll draw up a legally binding document which will be signed by both parties and made enforceable. Any money to be paid to you by your employer will usually be received within 7 days.​ CONTACT US Step Six: QIRC or FWC If conciliation is unsuccessful, or your employer refuses to attend, then we may need to progress to the Queensland Industrial Relations Commission (QIRC) or the Fair Work Commission (FWC), depending on your case. These bodies make a decision on employment disputes and what your employer needs to pay you. Before doing anything, we will discuss what will happen and your chances of success. CONTACT US

Casual Employees Casual employees have employment rights in Queensland. This includes the opportunity to request casual conversion, or to become a permanent employee in specific situations. ​ Casual conversion can be requested if a casual employee has: been employed by the employer for at least 12 months; worked a regular pattern of hours on an ongoing basis for at least the last 6 months; and the ability to continue working these hours as a full-time or part-time employee without significant changes. ​ If your employer declines your request for casual conversion, they need to have reasonable grounds and give this to you in writing, within 21 days. You can make a new request every six months if you still qualify. ​ Download this form from the Fair Work Ombudsman to request casual conversion. ​ If your employer doesn't follow the right process after you've requested this, get in touch. We may be able to assist. ​

Redundancy In Queensland, employers are required to follow a fair and reasonable process when making an employee redundant. It cannot be predetermined! Employers must consult with affected employees and provide them with information about the redundancy, including the reasons for it and the process that will be followed. They must also use fair and objective criteria when selecting employees for redundancy. This may include factors such as skills, qualifications, and performance. ​ Employers also need to give the correct notice, redundancy pay and entitlements. Failure to do any of these may make the redundancy unlawful. ​ ​ Act now! There is a strict 21-day time limit for making a claim if you have been unfairly made re dundant.