Employment & Workplace Disputes Lawyers Melbourne

Here's what the law actually requires from employers when it comes to workplace safety:

• Provide and maintain a safe working environment without health risks.
• Ensure safe systems of work.
• Provide adequate facilities for employee welfare.
• Offer necessary information, instruction, training, and supervision.
• Monitor employee health and workplace conditions.

These duties are detailed in the OHS Act.

Your notice period and redundancy pay depend on how long you've worked for the employer. The required notice period depends on your length of continuous service:

• 1 year or less: 1 week
• More than 1 year but less than 3 years: 2 weeks
• More than 3 years but less than 5 years: 3 weeks
• More than 5 years: 4 weeks

Employees over 45 years old with at least 2 years of continuous service receive an additional week's notice.

Your employer has real legal obligations to keep you safe at work. These include:

• Implementing and enforcing anti-bullying and anti-discrimination policies
• Providing training to employees on acceptable workplace behavior
• Establishing clear procedures for reporting and addressing complaints
• Taking prompt and appropriate action when issues arise

Failure to fulfill these responsibilities can result in legal consequences for the employer.

Many casual employees don't realise they have unfair dismissal rights — here's when they apply:

• Employment was on a regular and systematic basis.
• There was a reasonable expectation of ongoing employment.
• They have completed the minimum employment period of 6 months for large businesses (15 or more employees) or 12 months for small businesses (fewer than 15 employees).

Eligibility depends on the nature and pattern of the casual employment arrangement.

Yes, certain industries such as construction, mining, and manufacturing have additional regulations due to their higher risk profiles. These regulations cover areas like:

• Hazardous substances.
• Manual handling.
• Plant and equipment safety.

Employers in these sectors should consult the relevant OHS regulations for detailed requirements.

Workplace bullying and discrimination are serious — here's what to do if it happens to you:

1. Document the incidents: Keep detailed records of dates, times, locations, and descriptions of the behavior.
2. Review workplace policies: Familiarize yourself with your employer's policies on bullying and discrimination.
3. Report the behavior: Raise the issue with your supervisor, human resources, or a designated contact person.
4. Seek external support: If internal resolution is ineffective, contact external bodies such as WorkSafe Victoria or the Fair Work Commission for assistance.

Here's what unfair dismissal actually means under Australian law. Unfair dismissal pertains to terminations that are harsh, unjust, or unreasonable, focusing on the fairness of the dismissal process and reason. Unlawful termination involves dismissals for reasons prohibited by law, such as discrimination or exercising workplace rights. While both address wrongful terminations, they differ in legal criteria and applicable remedies.

Here's how your redundancy pay is calculated under the Fair Work Act. Redundancy pay is based on your continuous service with the employer, calculated as follows:

• At least 1 year but less than 2 years: 4 weeks' pay
• At least 2 years but less than 3 years: 6 weeks' pay
• At least 3 years but less than 4 years: 7 weeks' pay
• At least 4 years but less than 5 years: 8 weeks' pay
• At least 5 years but less than 6 years: 10 weeks' pay
• At least 6 years but less than 7 years: 11 weeks' pay
• At least 7 years but less than 8 years: 13 weeks' pay
• At least 8 years but less than 9 years: 14 weeks' pay
• At least 9 years but less than 10 years: 16 weeks' pay
• At least 10 years: 12 weeks' pay

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WorkSafe Victoria is the state's regulator for workplace health and safety. Its functions include:

• Monitoring and enforcing compliance with OHS laws.
• Providing guidance and advice on safety matters.
• Promoting public awareness about occupational health and safety issues.

In Victoria, employees are protected by:

• Equal Opportunity Act 2010 (Vic): Prohibits discrimination based on personal characteristics.
• Fair Work Act 2009 (Cth): Provides protection against adverse action due to discriminatory reasons.

These laws ensure that employees are treated fairly and have avenues for recourse if discrimination occurs.