Tahmoor Employment Lawyers

Redundancy may occur if the operating environment of an enterprise has changed to the point where the employer no longer requires your position to be filled. Genuine redundancies often come about as a result of restructuring operations and other management initiatives. By law, employers must notify affected employees about the redundancy as soon as possible.

Genuine redundancies are often accompanied by a one-off payment that is proportionate to the employee’s length of service. These include:

1. That the business no longer requires the person’s job to be performed by anyone because of changes in operational requirements.
2. The business must consult with any employees who are covered by a modern award or enterprise agreement (as per the relevant consultation provision).
3. It must not have been reasonable in the circumstances for the person to be redeployed with the business or an associated entity.

In some cases, employers may seek to dismiss an employee instead of making them redundant in order to avoid paying redundancy entitlements.

Employers are not able to terminate an employee’s employment without giving them written notice of the date of termination. This notice may be delivered personally or sent to the affected employee’s last known address.

The amount of notice required differs depending on the length of an employee’s service. Generally, the requirements for giving notice are as follows:

For employees with a period of continuous service equalling not more than one year – one week’s notice is required;

• If the period of service is more than one year but less than three years – two weeks’ notice is required;
• More than three years but less than five years of continuous service – three weeks’ notice is required;
• More than five years of continuous service – four weeks’ notice is required.

The above notice requirements do not apply to casual employees or independent contractors/subcontractors. 

An employee is someone who is hired by an employer to perform a role that is set out in an employment contract. Employment contracts theoretically go on forever, unless terminated by either party. An independent contractor or subcontractor on the other hand essentially hires out their services for a certain period of time based on an individually negotiated contract with another business or entity.

Contractors are often able to negotiate their own pay and conditions, however, some laws that apply to employees do not apply to contractors. For example, a contractor may potentially have their employment terminated within a day under the terms of their contract, whereas an employee would be protected by legislation enforcing minimum notice periods etc.

Contractors are also responsible for paying their own taxes and Superannuation. Beware of Sham Contracts or changes in arrangements as to control.

Workplace bullying occurs in workplaces across all industries and professions, and it can have a significant impact on a workplace by reducing the health and safety prospects of those employees.

Bullying usually constitutes repeated, negative behaviour that is directed towards an employee or group of employees. The behaviour is usually targeted, whether directly or indirectly, and this is what makes it so destructive.

Many laws protect employees from workplace bullying, and WorkSafe Victoria actively responds to bullying claims to minimise the damage they may cause to a workplace’s health and safety environment.

Workplace bullying may also constitute discrimination if a victim is being targeted due to the fact that they possess a certain attribute or characteristic, however, the two do not always align.