Workplace and employment

What kind of solicitor? 

All workplaces in Australia are held to the same set of standards, regardless of the industry. Those standards mean that every worker has the right to fair pay in a safe, inclusive workplace that is reasonably managed. 

For legal issues that arise in the workplace, a solicitor who works in employment law will be able to advise you on your rights and explain the various laws that may apply to your situation. 

They might also call themselves an employment solicitor , a workplace relations solicitor, or an industrial relations solicitor, but they are all very much the same.

What are my rights as an employee?

In Queensland, as an employee, you have a range of rights designed to protect your welfare in the workplace and ensure fair treatment.  Here are some of the key rights:

Fair Work Act protections

The Fair Work Act 2009 provides a framework for workplace rights, covering issues like pay, working hours, leave entitlements, and protections against unfair dismissal. These include the National Employment Standards (NES) which set the minimum entitlements for employees in Australia. 

Your pay 

Minimum wage: You have the right to receive at least the minimum wage set by the Fair Work Commission. This rate is reviewed annually.

Fair work conditions

Under the Work Health and Safety Act 2011 (Qld), employers must provide a safe work environment. Employees have the right to:

• Work in a safe environment.
• Receive adequate training and supervision.
• Report safety concerns without fear of reprisal.

Additionally, under the Fair Work Act 2009 employees have the right to: 

• Fair working hours, rest breaks, and meal breaks.
• Safe and healthy work environments.
• The right to join a union and participate in union activities.

Leave entitlements

Under the NES employees are entitled to the following leave: 

• Annual leave - four weeks of paid annual leave per year.
• Personal/Carer’s leave - 10 days of paid personal/carer’s leave per year.
• Parental leave - Up to 12 months of unpaid parental leave for eligible employees, with the possibility of extending it.
• Long Service Leave – after you have worked for an employer for a certain period of continuous service 

Protection against discrimination and harassment: 

You are protected by Queensland and federal laws from discrimination based on race, sex, age, disability, religion, or other protected attributes. Harassment and bullying are also prohibited.

Superannuation

Employers are required to contribute to your superannuation fund. The current contribution rate from 1 July 2024 is set at 11.5% of your earnings 

Notice of termination

You are entitled to a notice period or pay in lieu of notice if your employment is terminated.

Workers’ compensation

You are entitled to workers' compensation benefits if you are injured at work.

Right to a Fair Dismissal

Employees need to be employed for at least six (6) months before they can apply for unfair dismissal, unless working for a small business where employees need to be employed for at least 12 months. 

There are specific procedures and criteria for what constitutes a fair dismissal. You can view more information about applying for unfair dismissal on the Fair Work website.

Right to Seek Help

You have the right to seek advice and assistance from bodies like the Fair Work Ombudsman, which can provide information and support on your rights and workplace issues.