Sham contracting is a term used to describe the situation where a worker is engaged by a company as an independent contractor when in fact, they should be engaged as an employee.

Benjamin Legge, a foster carer under arrangements with Barnardos Australia, contends he was subjected to workplace bullying by case managers and other managers. He filed an application in the Fair Work Commission seeking orders to stop the bullying.

Annual leave entitlements apply to the majority of the workforce and in 2009, annual leave was enshrined in the National Employment Standards (NES) as one of the 10 minimum entitlements available to employees.

Under the NES, Australian workers in the private sector employed on a full-time or part-time basis, are entitled to paid ‘personal/carer’s leave’. This leave entitlement is commonly referred to as ‘sick leave’.

If someone is terminated from their employment and they believe the termination was unfair, there are a number of options available for them to challenge the legality and validity of their termination. The most common alternative is an unfair dismissal claim.

The workplace can be an environment of stress for some workers. Although they may feel their manager is bullying them, it may actually be ‘reasonable management action being carried out in a reasonable manner’. Find out the difference.

Deducting money from a worker’s pay may be unlawful and also amount to an underpayment of wages. Likewise, requiring a worker to spend their own money in order to perform their job may amount to a non-payment or underpayment of wages.

In Australia the legality of recording a conversation varies from State to State. Before you record anything, you need to understand the laws that apply to the State you live or work in.

The presence of a support person at a disciplinary meeting is important for emotional support and ensuring the protection of your workplace rights.

In what our clients have described as a “landmark victory”, Hall Payne Lawyers has successfully defended an unprecedented attack by the Queensland Police Service on union officials’ statutory right of entry in Queensland.

If you have an employment contract with a set duration, it will almost always be possible to terminate that contract early. However, there are a number of consequences that may arise should you choose to do so.

Many purported work experience schemes, or to use the du jour word “internships” are unlawful and little more than schemes by which your labour is obtained without payment.