Category: Workplace

I think it was fair

If you don’t have any issues with your dismissal, you don’t have to do anything under workplace laws. There are rules on what you should be paid when you are dismissed, so if you aren’t sure if you were paid correctly you might want to look into this further.

You should check your contract, award or agreement to make sure you have been paid all of your entitlements. This can include unused annual leave and notice (if you do not work during the notice period). If you aren’t sure

You also need to consider if you have to do anything under the rules in your visa In some situations you may need to tell Home Affairs that your circumstances have changed. If you are unsure you should speak to a Migration Agent.

 What if my dismissal wasn’t fair?

You may be able to make a legal claim to get your job back or compensation (money) if:

• you weren’t given a good reason (or any reason) for your dismissal;
• the reason given to you was not true;
• you weren’t given a warning before you were dismissed;
• you were dismissed in a very humiliating or distressing situation;
• You were dismissed for making a complaint or inquiry about your work; or
• You were dismissed for taking sick leave or exercising another type of workplace right.

Not all employees can make these claims.

For more information to see if you are eligible, see Q&A: Dismissals for WA employees or request for legal advice here  https://circlegreen.org.au/get-help/

It’s very important to remember that the limitation period for a dismissal claim can be as short as 21 days from the date your dismissal took effect.

You may also have an obligation to inform Home Affairs about a change in your circumstances.

If you are unsure about what you need to do about your visa after your job finishes, you can get help from a migration lawyer or a migration agent.

This may depend on why you have decided to leave. It may be different if you are choosing to leave or if you are forced to leave.

If you are choosing to leave, then you should:

• tell your employer that you are resigning, it is usually best to write a letter or email; and
• if you are a permanent employee, then you should give notice.

To find out how much notice you will need to give, you can check:

• your employment contract;
• your award; or
• your agreement.

You can check with the Fair Work Ombudsman or Wageline to see how much notice you would have to give according to your award or agreement.

If you are a casual employee, then you do not have to give notice.

If you are forced to leave – then this may mean that you can make a dismissal claim. For more information, please read: Q&A: Dismissals for WA employees.  Time limits for to make a dismissal claim can be as short as 21 days from the date of dismissal.

There are laws that may protect you if you are treated badly for making a complaint about your work.

If you think you need to make a complaint, you may wish to get legal advice first, to help you figure out the best way to proceed. You may can contact us to make a request for legal advice here:  https://circlegreen.org.au/get-help/.

Losing your job may also have consequences for your visa. This is an issue that falls under migration law, rather than workplace law.  So if this is a concern you should look into the matter and consider seeking advice from a migration lawyer or a migration agent.

Sometimes an employer will ask you to attend a meeting.

Your employer should tell you what the meeting is about. If they don’t you should ask.

You can then prepare what you would like to say at the meeting. You can respond to allegations that are raised about your work or behaviour.

You may want to ask your employer if you can bring a support person to sit with you and help you take notes. This can be a friend or family member.

Generally, if you feel comfortable, you should attend meetings with your employer. If you don’t attend a meeting, there may be negative impacts on your employment.

For more information on meetings at work see Q&A: Meetings and other internal processes for WA employees.

Your employer should not be asking to hold your passport.

If you think that your employer is holding your passport you can contact us for free legal advice here:  https://circlegreen.org.au/get-help/

If you or someone is in imminent danger, call 000 for police.

If your employer is holding your passport or other identification documents (e.g birth certificate) and refusing to hand them back to you, this could be an indication of modern slavery.

If you get legal advice from us:

• we will not share your details with anyone unless you give us your permission;
• your appointment will be private; and
• we will not contact the government or your employer.

There are more support resources available here:

• Anti-Slavery Australia: https://antislavery.org.au/
• Red Cross: https://www.redcross.org.au/migration/support-for-trafficked-people/
• Australian Federal Police: https://www.afp.gov.au/about-us/contact-us

If you feel you are being exploited at work, or your employer is taking your freedom away, this may be modern slavery.

Modern slavery is a serious criminal activity.

Some examples of modern slavery are:

• You are being forced to work for no pay.
• You are being forced to pay off a debt.
• You are not allowed to leave your job.
• Your passport is being held and you can’t access it.

If you or someone is in imminent danger, call 000 for police.

For more information see the Anti-Slavery Australia website https://antislavery.org.au/. To report modern slavery, the Australian Federal Police can be contacted on 131 237.

These situations are not okay and you can access help.

Red Cross supports individuals harmed by modern slavery. This support includes financial, health, accommodation and counselling. For more information, see https://www.redcross.org.au/migration/support-for-trafficked-people/

You should check the conditions of your visa. These can outline what you and your employer are responsible for. This can include whether you or the employer should pay for certain visa costs.

You should also read your employment contract. In some situations, you will be responsible for paying visa, training, and work-related costs.

Your employment contract may include a requirement that you pay for training costs and other costs if you leave the employment.

Your employer may be able to ask you to repay training costs, but it can depend on:

• what training you received;
• how much money your employer is asking for;
• whether the amount is reasonable; and
• how long you have been employed for.

Examples of costs that you employer may not be able to seek, include where:

• your employer is asking you to pay an amount that is a lot more than they spent in bringing you to Australia; and
• your employer is asking you to pay training costs because you’re leaving, but the amount is more than the cost of the training.

It is difficult to say whether you need to repay these costs or not. You may want to contact us to make a request free legal advice here:  https://circlegreen.org.au/get-help/

If you are an employee in Australia, there is a minimum amount you should be paid for your work. This is known as your minimum wage. You can be paid above the minimum wage if you agree with your employer.

Your minimum wage can change depending on:

• your age;
• whether you are an apprentice or trainee;
• the type of employer you work for;
• the type of work that you do (the industry you are in);
• the type of job that you have; and
• your level of experience.

You cannot be paid below your minimum wage even if:

• you agree to be paid less;
• your boss tells you that you are training and you will be paid more in the future; or
• you get free items in exchange for less pay (e.g staff lunch and drink).

If you are covered by:

• an award;
• agreement; or
• written contract;

You should read these for any special rules, allowances, bonuses, special rates (known as penalty rates) that can make your pay higher.

There are places you can call that can help if you want to know what your minimum wage is, or which award or agreement applies to you. You can either call Wageline or the Fair Work Infoline. They can provide information on:

• pay; and
• awards or agreements.

Yes, your employer can pay you in cash. You should check that you are still being paid the correct amount. Your employer cannot pay you less because they are paying you in cash.

Your employer must keep records of your pay and give you a payslip every time you are paid.

If you aren’t getting any payslips, your employer may not following the law and it could be a sign that they are not following other laws.

Most employees should be getting breaks.

To see what type of breaks you get and whether they are paid you should check your:

• award;
• agreement; or
• contract

It is best to check with the Fair Work Ombudsman or Wageline to ask them if you are entitled to lunch breaks under an award or agreement.

If you should be getting lunch breaks and have not been taking them, then you may be able to make a legal claim.

If you are not getting paid on time or receiving payslips, the first step is to tell your employer.  You can email them to make them aware of the issue and ask for it to be corrected. If it continues to happen, you should make a request for free legal advice: https://circlegreen.org.au/get-help/.

You may also want to speak to the Fair Work Ombudsman or Wageline for help.

As an employee, you should be getting paid at least once a month. Sometimes there are rules that say you should be paid more often than once a month (e.g every week or every fortnight).

You can check the following documents to see if there are any rules about when you should be getting paid:

• award;
• agreement; or
• written contract.

You should be getting a payslip within one working day of being paid. You should be getting payslips even if you are paid in cash. The pay slip should have information on:

• how much you get paid;
• tax and superannuation details;
• penalty rates (if you should be getting them);
• employer’s details; and
• allowances.

It’s normal for employees to be paid different wages. However, if you are being paid less than your co-workers for doing the same job, it might be an indication that something unlawful is happening.

It may be unlawful if:

• you are paid less because of your race or the country you come from, or another discriminatory reason;
• you should be paid more under an award or agreement; or
• you are paid less than the minimum wage.

Generally, your employer can’t pay you a lower wage just because you are on a visa or come from a different country. However, you may be paid lower if you are doing a different role or have less experience than your coworkers.

You can contact the Fair Work Ombudsman or Wageline to check that your classification level is correct and you are paid the correct amount.

You should be getting paid at least your minimum wage.

Generally, it is unlawful for your employer to stop you sharing information about your pay and speaking to your coworkers about your pay.

Your employer may be allowed to assess your job skills in a short unpaid trial.

Unpaid trials should only be as long as what is necessary to test whether you can do the job. If the unpaid trial is longer than a couple of hours then you should get legal help.

You should be paid at least your minimum wage, even when you are just starting your job.

Generally, your employer is not allowed to take money from your pay.

Your employer can only take money from your pay in very limited situations, and it needs to be for your benefit. Generally, this means your employer should not take money out of your pay if you make mistakes at work or are not working quickly enough.

Generally, your employer also can’t ask you to spend your pay or give it back to them.

If you are unsure, you can contact us for free legal advice here: https://circlegreen.org.au/get-help/.

Permanent employees are able to take time off work following the birth or adoption of a child. This is known as parental leave. Generally, you must have worked at least 12 months to get parental leave.

Parental leave can be taken when:

• you give birth;
• your spouse or de facto partner gives birth; or
• you adopt a child under the age of 16 years old.

If you can take parental leave, you can have up to 12 months away from work (unpaid) and you can request an additional 12 months.

You also have a right to return to your same job when your leave finishes. There are some exceptions to this rule and if you are having issues with returning to work you should contact us to seek legal advice.

If you are a casual employee and want to take parental leave you would need:

• to have been working regular shifts for at least 12 months; and
• have an expectation that you would have continued to work (if you had not been expecting a child).

For more information on parental leave you can call the Fair Work Infoline or Wageline.

Bullying

Workplace bullying involves repeated, unwanted treatment that create a risk to your health and safety. This means the bullying must:

• happen more than once; and
• you must be able to show how it has affected your health or how it could affect your health in future.

Your employer is allowed to warn or talk to you if you have make a mistake or if you are doing the wrong thing. However, this should be reasonable. If your employer is often punishing you for very small errors, it may be bullying behaviour.

Bullying can include:

• abusive or insulting words or language;
• threatening to hurt you or actually hurting you;
• comments about your family and lifestyle;
• practical jokes or people messing with your property;
• constant threats to dismiss you; and
• being ignored or isolated.

For further information, see our publication Q&A: Bullying for WA workers.

Everyone should be safe at work. You do not need to work if there is a risk to your health. This includes physical safety and mental safety.

If you think your work is unsafe you have options. An unsafe workplace can include:

• machinery not being used correctly;
• unsuitable protective equipment or clothing;
• bad or no safety procedures;
• bullying from coworkers, managers or members of the public;
• no protection from dangerous members of the public; and
• working long hours without breaks or in dangerous temperatures.

More information can be found about bullying here: Q&A: Bullying for WA workers

Step 1

If you feel comfortable you can make a complaint to your employer, they may have a policy or process you can follow.

You can also look at the WorkSafe codes of practice here https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

Step 2

If you have made an internal complaint or don’t feel comfortable you can also make a complaint to WorkSafe.

WorkSafe is a part of the government that is in charge of workplace safety in Western Australia. WorkSafe may choose to investigate the issue to see if there has been a breach of law.

You can visit WorkSafe’s website or call them on 1300 307 877.

If you have been attacked by someone or you feel you are in physical danger, you may need to call the police to report a crime. If you are in danger call the WA police on 000.

To ask for free legal advice on criminal law issues you can call LegalAid on 1300 650 579.

In Australia, there are laws that stop you being treated differently because of something about you or your situation. When you are treated differently, we call this discrimination.

It can be unlawful to treat you differently in the workplace because of your race, or the colour of your skin, or the country that you come from.

It can also be unlawful to treat you differently because of your:

• sex;
• sexual orientation;
• age;
• disability;
• marital status;
• family or carer’s responsibilities and pregnancy; and
• religion or political opinion.

For more information on possible claims see Q&A: Workplace discrimination for WA workers.