Industrial Law

Unfair Dismissal

Most people are aware that unfair dismissal laws have changed markedly with the introduction of the WorkChoices legislation. One of the main changes to the legislation is to exempt from unfair dismissal laws those employers with under 101 employees. Another of the controversial changes has been to allow employers to dismiss employees for ‘genuine operational reasons’.

If you are unsure as to whether you have been unfairly dismissed or not, it is best to obtain legal advice. Employers of all classifications are subject to legislation governing discrimination and sexual harassment (called unlawful termination).

Read more about Unfair Dismissal in the Legal Services Handbook.

General

Working Women’s Centres

If you are a women requiring assistance in the work force, SA Working Women’s Centre is set up to help you, no matter your background www.wwc.org.au/

1st Floor, Station Arcade
52 Hindley Street, Adelaide, SA, 5000

Toll Free: 1800 652 697
Work No: (08) 8410 6499
Fax No: (08) 8410 6770
Email: wwc@wwc.org.au

The No DisadvantageTest

Changes to the workplace relations system came into effect 28 March 2008. Government websites are being updated. The Workplace Authority Website says that the key provisions of the new legislation:

• Prevents the making of new Australian Workplace Agreements (AWAs);
• Allows employers using AWAs as at 1 December 2007 to offer Individual Transitional Employment Agreements (ITEAs) to new employees and employers already on AWAs, for the transition period while award modernisation takes place;
• Introduces a genuine no disadvantage test for new collective agreements and ITEAs;
• Enables the Australian Industrial Relations Commission (AIRC) to undertake the process of award modernisation; and
• Removes the requirement for employers to provide the Workplace Relations Fact Sheet to their employees.

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Am I Covered by a State or Federal Award or Agreement

Sometimes it can be difficult to work out which Award your job comes under. To find out, call the SafeWork SA Help Centre - Click here for details

Am I Really a Casual Employee

Although you are referred to as a ‘casual’ employee, it is possible that, in fact, you are not. Generally speaking, this may be the case if you are getting regular work and the understanding between you and your employer is that the work will continue.

The rights of casual employees are different to those of permanent ones. If you think you are classified incorrectly by your employer, you should obtain legal advice.

Read more about casual employees.

Small Business Owners & Workchoice

As a small business owner, it’s important you do not fall foul of the Work Choices legislation.

Did you know that the Work Choices website provides some guidance as to the application of the legislation to various aspects of small business? Case studies are also provided.

Wagenet

Find out about wages and conditions as they apply to work under Federal Awards and Agreements at Wagenet..

Sex Discrimination

Legislation exists to protect discrimination in the workplace against people because of their sex, marital status, and when they are pregnant.

The relevant Act is call the "Sex Discrimination Act", and is explained in plain language at the Human Rights Equal Opportunity Commission website.