Author: greg

Under Section 387 (d)  of the Fair Work Act 2009, Australian employees generally have the right to a support person during discussions relating to dismissal. Your employer cannot unreasonably refuse this request and doing so could form part of an unfair dismissal claim. Before you walk into that meeting, understand this: a support person is…

What are the legal requirements for an independent contractor? Hiring contractors gives your business flexibility, but in Australia, the line between ‘Contractor’ and ‘Employee’ is thinner than you think. Getting it wrong is called ‘Sham Contracting,’ and the penalties are severe. The 2025 Reality: New Rules, Higher Stakes Under the new Closing Loopholes laws (Fair Work…

Sham contracting is an illegal practice where an employer misrepresents an employment relationship as an independent contracting arrangement to avoid paying employee entitlements. This is done to deny workers their legal rights to minimum wages, superannuation, and leave. This guide provides a practical checklist to help you immediately identify if you are in a sham…

The gig economy has revolutionised how millions of Australians work, but until recently, rideshare drivers and other platform workers had little recourse when their accounts were suddenly deactivated. That’s all changed with groundbreaking new laws that finally recognise the unique position of “employee-like workers” and protect them from unfair deactivation. Key Takeaways: New Protections: As…

Becoming a parent is one of life’s most significant moments, and understanding your parental leave entitlements shouldn’t add to your stress. Whether you’re expecting your first child or expanding your family, Australia’s Parental Leave Pay scheme provides crucial financial support during this time. Here’s everything you need to know about accessing up to 120 days…

What Is a Reverse Onus? A reverse onus, also known as a reverse burden of proof, is a legal rule that shifts the burden of proof from the person making a claim to the person defending against it (the defendant or respondent). In a standard legal case, the party bringing the claim must prove it.…

If you’re reading this, you’re likely wrestling with a difficult decision. You’ve witnessed something wrong at work, perhaps illegal activity, fraud, or serious misconduct and you’re wondering whether to speak up. The fear of retaliation is real, and the questions are pressing: Will I be protected? Can I lose my job? What are my rights?…

Being terminated unexpectedly can leave you feeling shocked and powerless. But here’s what you need to know right now: in most cases, Australian employees cannot be fired without warning unless there’s serious misconduct involved. If you’ve just been dismissed, this guide provides immediate tools to assess your situation and protect your rights. Can You Be…

Yes, you can claim unfair dismissal even if you resign, provided you were effectively forced to leave because of your employer’s actions. This is legally known as “constructive dismissal.” It applies when your employer’s conduct is so severe that it leaves you with no reasonable choice but to resign. If you’re reading this, you’re likely…

Appeals are extremely challenging, but understanding your options can help you make the right choice for your situation. With only 0.95% of unfair dismissal claims succeeding initially and appeals facing even higher hurdles, employees need comprehensive information about the appeal process, alternatives, and strategic considerations before deciding their next steps. The appeal landscape changed significantly…