Sick staff vs employer’s rights
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Workplace Rights & Entitlements
Our lawyers can help both employers and employees understand employment law so they can make positive decisions regarding managing employees or reporting to an employer.
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Cost of an employment LawyerWorkplace rights and entitlements - Why you need a lawyer
Assisting employers and employees understand employment law
Depending on the nature of the work and role being performed, it can be difficult for employers and employees to properly navigate and understand the workplace relations system and employment law. A lawyer can help both employers and employees understand employment law so they are able to make positive decisions whether it be regarding managing employees or reporting to an employer.
Helping employers understand their employees’ entitlements
As an employer, it is imperative to understand the entitlements and rights of your employees. Our experienced team of lawyers can assist employers navigate and correctly identify the appropriate workplace rights and entitlements of their employees across a range of industries and professional settings.
Ensuring employees are knowledgeable on their entitlements
As an employee, you must be knowledgeable on your rights and entitlements so you are able to determine if you are not receiving them. We can educate you on what you are legally entitled to in the workplace before you even begin employment so you can feel confident that you will be able to spot an issue if one arises.
Preventing issues arising down the track
If an employer or an employee does not understand their rights and entitlements, adverse outcomes may occur in the future. Our experienced lawyers provide skilled advice and assistance to employers and employees, ensuring they are educated to avoid the penalties that may arise from getting workplace rights and entitlements wrong.
Frequently asked questions
When you, as an employer, hire a new employee, it is your responsibility to ensure they have been provided with all of their appropriate entitlements. Unofficial agreements regarding entitlements is not adequate and cannot overturn the legal requirement you have to provide entitlements.
An employee is lawfully entitled to:
- Full and correct wages for the governing award, legislation or enterprise bargaining agreement they are operating under;
- Full personal and annual leave entitlements;
- Fill superannuation contributions; and
- Unpaid leave entitlements.
- Full and correct wages for the governing award, legislation or enterprise bargaining agreement they are operating under;
- Full personal and annual leave entitlements;
- Fill superannuation contributions; and
- Unpaid leave entitlements.
Enterprise bargaining involves the negotiation between an employer, employees and their respective bargaining representative in order to create an enterprise agreement. An enterprise agreement is made between employers, employees and their union regarding conditions of employment.
The Fair Work Act 2009 is the piece of legislation in Australia that governs workplaces. It is the foundation to the standards and regulations required for Australian workplaces, such as protection of rights and entitlements.
The main role of the Fair Work Ombudsman is to educate Australians and enforce Australian workplace laws to promote harmonious, supportive and productive workplace relationships.
An employee can take sick leave (also known as personal or carer’s leave) if they require time off work to help them deal with an illness, to care for another individual or to deal with family emergencies. There can be both paid and unpaid sick leave.
There are many types of leave you can take as an employee. These include:
- Sick leave. You can take time off work if you are unwell of if you need to care for someone else or you need to deal with a family emergency.
- Family and domestic violence leave. You are entitled to five days unpaid family and domestic violence leave annually.
- Annual leave. This allows an employee to have time off work and be paid for it.
- Compassionate and bereavement leave. You are entitled to take leave from work if someone from your immediate family or household passes away or develops a life-threatening injury or illness.
- Community leave. You can take leave for activities such as voluntary emergency management activities and jury duty.
- Long service leave. You can take time off after a long period of time working for the same employer.
- Maternity and paternity leave. You can take maternity or paternity leave when a child is born or adopted.
- Sick leave. You can take time off work if you are unwell of if you need to care for someone else or you need to deal with a family emergency.
- Family and domestic violence leave. You are entitled to five days unpaid family and domestic violence leave annually.
- Annual leave. This allows an employee to have time off work and be paid for it.
- Compassionate and bereavement leave. You are entitled to take leave from work if someone from your immediate family or household passes away or develops a life-threatening injury or illness.
- Community leave. You can take leave for activities such as voluntary emergency management activities and jury duty.
- Long service leave. You can take time off after a long period of time working for the same employer.
- Maternity and paternity leave. You can take maternity or paternity leave when a child is born or adopted.
Useful resources
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Forge Legal’s employment lawyers are specialists in all areas of employment law and can assist you with all employment law matters.
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