1 YOUR RIGHTS AT WORK
An introduction to your basic rights in the workplace as a
Victorian employee
Presented by Job Watch Inc
2 DISCLAIMER
The information provided in this
presentation is not legal advice
3 TOPICS COVERED
What is JobWatch?
Casual vs permanent employment
Minimum pay rates
National Employment Standards
Unfair Dismissal & General Protections
Discrimination
Sexual harassment
Bullying
4 WHAT IS JOBWATCH INC?
Independent employment rights community legal centre
Free and confidential telephone information to Victorian workers
Metro ‐
Ph 9662 1933
Country ‐
Ph 1800 331 617
Website: www.jobwatch.org.au
5CASUAL VS PERMANENT
EMPLOYMENT
Hours of work
Security of employment
Paid leave
Rate of pay
Notice of termination
6CASUAL VS PERMANENT
EMPLOYMENT
Independent contractor NOT an employee
Your employer must not dismiss or threaten to dismiss you in order to re‐engage you an independent contractor
Call the Independent Contractors Hotline for more information: 1300 667 850
7 MINIMUM PAY RATES
To find out what your minimum pay rate is, call Fair Work Infoline: 13 13 94 (min is $15.00 for adult permanent employees)
Information to provide:
Your employer
Your job title
Whether you are casual or permanent
Your age (if under 21)
8 The NES
Maximum Weekly Hours
Requests for flexible working arrangements
Parental leave
Annual leave
Personal/carer’s and compassionate leave
Community service leave
Long Service Leave
Public Holidays
Notice of Termination and Redundancy Pay
Fair Work Information Sheet
9 The NES
Must be paid for all hours worked, including trial work
To complain about underpayment of wages or not receiving payslips, call Fair Work Ombudsman (13 13 94) and/or make a complaint online (www.fwo.gov.au)
10WHAT IF I GET SACKED
UNFAIRLY?
If you think you were sacked unfairly, you may be able to make an unfair dismissal claim to Fair Work Australia
Claim must be made within 14 days of dismissal (unless you have exceptional circs)
Filing fee $60.60 (can be waived)
You will have to show that the dismissal was either harsh, unjust or unreasonable
11WHAT IF I GET SACKED
UNFAIRLY?
Ask yourself 2 questions:Was there a valid reason for dismissal?
There is only a valid reason if the dismissal related to your capacity or conduct or to a genuineredundancy
Did the employer follow a fair process in dismissing you?
Eg, were you notified of the reason or given any opportunity to respond?
Were you allowed to have a support personpresent in any discussions about unsatisfactory performance?
12WHAT IF I GET SACKED
UNFAIRLY?
To be eligible, you must have completed a minimum employment period:
6 months if 15 or more employees
12 months if less than 15 employees
FWA can order reinstatement or compensation for lost earnings (6 month cap)
13What if I am discriminated
against?
Employers must not discriminate (take adverse action) against employees or prospective
employees on the following grounds:
race, colour, sex, sexual preference, age, disability, marital status, pregnancy, family or carer’s responsibilities, religion, political opinion, national extraction or social origin
14What if I am discriminated
against?
Employers must not terminate employees on the following grounds:
you have taken a temporary absence from work due to illness or injury and have notified your employer,
you have a workplace right (under an award, agreement or Act)
you have exercised or not exercised a workplace right,
Your trade union membership or non‐membership or industrial activity.
15What if I am discriminated
against?
Ask yourself: can I still do the inherent requirements of the job?
Apply to FWA for a ‘general protections dispute’ remedy within 60 days of the dismissal (or 6 yrs if no dismissal)
FWA can order reinstatement or compensation for lost earnings and for emotional harm or distress
16 DISCRIMINATION
As an employee, you have a right not to be discriminated against in your employment
This means that at every stage of your employment (including at the recruitment stage, when you apply for a job) you should not be treated differently or less favorably than others because of a protected characteristic
Protected characteristics in Victoria are as follows:
17 DISCRIMINATION
Age
Disability
Industrial activity
Lawful sexual activity
Sexual orientation
Marital/parental/carer status
Physical features
Political beliefs/activityPregnancyBreastfeedingRaceReligionSexEmployment activityPersonal association with someone with these characteristics
18 SEXUAL HARASSMENT
Sexual harassment is: Unwelcome conduct
Of a sexual nature
That is likely to offend, humiliate or intimidate a person
It may be physical, verbal, written, displayed etc
It includes sexual jokes, remarks, offensive emails/posters, unwanted physical contact (eg touching) etc
A single incident may be enough
Intention of the harasser is irrelevant
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If you feel you are being discriminated against or sexually harassed at work, contact:
The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) or
The Australian Human Rights Commission(AHRC)
MAKING A COMPLAINT
20 BULLYING
As an employee, you have a right to work in a healthy and safe workplace
This means your workplace should be free from bullying AND workplace violence
Both employers and employees have duties in this regard!
Bullying is: Repeated & unreasonable conduct That is likely to cause a risk to health and safety
21 BULLYING
If you feel you are being bullied at work, contact: Worksafe Victoria andYour doctor andIf appropriate, the police
You may also have a valid claim for WorkCover compensation for any medical expenses or for time off work because of a work‐related injury
22WHERE CAN I GET MORE
INFORMATION?
Job Watch Inc (for free and confidential information about your employment rights): 9662 1933 or 1800 331 617
Fair Work Infoline (to find out if you are covered by an award or collective agreement, pay rates etc): 13 13 94
Fair Work Helpline (if you want to lodge an unfair dismissal claim): 1300 799 675
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