Understanding Your Fair Work Rights After Losing Your Job Keywords: General Protections, Unfair Dismissal, Fair Work Commission, Fair Work Act, workplace rights, adverse action, employment law, dismissal, workplace discrimination, employment advocate, workers' rights Australia. If you've been dismissed from your job, you may have heard about Unfair Dismissal and General Protections claims. While they sound similar, they are very different under Australian workplace laws. Choo

Affordable Workplace Protection Before Problems Become Disputes No politics. Just help. For many Australian workers, the first time they seek professional assistance is after they have been dismissed, placed on a performance improvement plan, accused of misconduct, or experienced workplace bullying or discrimination. Unfortunately, by that stage valuable evidence may have been lost, important conversations have already occurred, and strict legal time limits may already be run

Published by MYUNION Workers' Rights Are Human Rights The Fair Work Commission has repeatedly emphasised that statutory time limits are important. They provide certainty for employers and principals while encouraging disputes to be raised promptly. However, Parliament has also recognised that strict time limits can sometimes produce unjust outcomes. For regulated road transport contractors, the Fair Work Act 2009 (Cth) contains a discretion allowing the Commission to extend t

For many employees, pregnancy and the arrival of a child should be a time of excitement rather than uncertainty about their employment. Unfortunately, disputes continue to arise where employees question whether decisions about contract renewals, promotions, flexible work arrangements or continued employment have been influenced by pregnancy or parental leave. While employers retain the right to make genuine operational and commercial decisions, Australian law provides extensi

Across Australia, thousands of employees work in roles funded by government grants, service agreements, research funding, community programs and other external funding arrangements. When funding is renewed, many employees naturally expect that their employment will continue for the same period as the funding. However, this is not always what happens. Sometimes an employer secures funding for several years but only offers employees a much shorter contract extension. This can l

Keywords: unpaid superannuation, unpaid super, employer not paying super, super guarantee, Australian Taxation Office, ATO super complaint, recover unpaid super, workplace rights Australia For many Australian workers, superannuation is their second-largest financial asset after their home. Yet every year, billions of dollars in compulsory superannuation contributions go unpaid, leaving workers significantly worse off in retirement. Many employees do not discover the problem u

Returning to work after having a baby should not mean having to choose between your employment and your child’s health. For many parents, expressing breast milk during working hours is an essential part of continuing to breastfeed after returning to work, whether for nutritional, medical or personal reasons. Unfortunately, workplace disputes surrounding breastfeeding and expressing breast milk continue to arise across Australia. Employees sometimes report difficulties accessi

By Brian AJ Newman, LLBPrincipal Employment & Human Rights Advocate – MYUNION One of the most basic obligations imposed on employers under Australia's workplace relations system is the requirement to provide employees with accurate and timely payslips. Despite being a fundamental legal obligation, MYUNION regularly assists workers whose employers fail to issue payslips, issue incomplete payslips, or deliberately withhold payroll records altogether. Often, these failures are a

A Journey That Started on the Frontline Long before MYUNION existed, and before the Queensland Prison Officers Association (QPOA) was established, I spent many years actively involved in workplace representation within Queensland's public sector. Like many workplace delegates, my involvement began with a simple belief: "Workers deserve a strong voice, fair representation, and an organisation that places members before bureaucracy." The historical publications reproduced in th

The Future Belongs to Workers Who Never Stop Learning For generations, the traditional pathway was simple. A person would complete school, undertake an apprenticeship, trade qualification, university degree, or vocational training, and then spend most of their working life relying on those skills. That world is rapidly disappearing. Artificial intelligence, automation, digital transformation, climate transition policies, demographic change, and global economic restr

Can an Employer Refuse to Pay Your Notice Period After You Resign? A scenario frequently raised by workers involves an employee resigning and providing the required notice period, only for the employer to suddenly decide that they should leave immediately. The situation often becomes more complicated when the employee is moving to a competitor, has accepted another role, or the employer becomes frustrated that the worker is leaving. Consider the following example: An employee

When an "Independent Contractor" Is Really an Employee MYUNION's Principal Advicate Brian AJ Newman, ran the case for the worker in Holmes v Torbay Constructions Pty Ltd [2026] FWC 552 because he believed that across Australia, thousands of workers are engaged as so-called "contractors" despite performing work that appears indistinguishable from that of employees and the consequences can be significant. Workers who are incorrectly classified as contractors may lose access to:

Understanding the Reverse Onus of Proof in Australian Workplace and Human Rights Law One of the most powerful protections available to Australian workers is the concept known as the reverse onus of proof. Unlike most legal disputes, where the person making an allegation must prove their case, many workplace rights and human rights laws deliberately shift the burden onto the employer or respondent once certain facts are established. This principle exists because discrimination

Workplace bullying remains one of the most significant psychosocial hazards confronting Australian workers. It affects employees across all industries and occupations, from apprentices and frontline workers to senior executives. The consequences can be devastating, resulting in psychological injury, loss of confidence, reduced productivity, absenteeism, resignation, workers' compensation claims, and, in severe cases, long-term mental health conditions. The Fair Work Commissio

Has Your Position Really Been Made Redundant? Being told that your position is "redundant" can be devastating. Many workers assume that once an employer uses the word redundancy, there is little that can be done. In reality, not every redundancy is genuine. Under the Fair Work Act 2009 (Cth), a dismissal will not be considered an unfair dismissal if it is a genuine redundancy. However, where an employer uses redundancy as a convenient excuse to remove an employee, avoid perfo

When Your Reputation Is Under Attack Few workplace experiences are more distressing than being falsely accused of wrongdoing. Whether the allegation involves misconduct, bullying, harassment, dishonesty, safety breaches, or poor performance, false accusations can have devastating consequences for a worker’s reputation, mental health, career progression, and job security. At MYUNION, we regularly hear from workers who have found themselves the subject of complaints that are ex

Introduction Constructive dismissal, often referred to as a "forced resignation," occurs when an employee resigns because the employer's conduct leaves them with no real or effective choice but to do so. The concept is recognised under section 386 of the Fair Work Act 2009 (Cth), which defines when a person has been dismissed for the purposes of bringing an unfair dismissal application. Contrary to popular belief, a resignation does not automatically prevent an employee from

Public Sector Employment, Registered Unions, and the International Right to Freedom of Association Australia often presents itself internationally as a nation committed to democracy, fairness, workplace rights, and human rights protections. It is a signatory to multiple international conventions through the United Nations and the International Labour Organization (“ILO”) that protect the rights of workers to freely associate, organise, and choose representation without interf

In contemporary policing, few skills are more critical than the ability to de-escalate volatile situations before they become physical confrontations. Across Australia and internationally, law enforcement agencies are facing increasing scrutiny regarding use-of-force incidents, officer conduct, psychological injury risks, and community trust. Against that backdrop, effective de-escalation training is no longer a “soft skill” — it is an operational necessity. A recently circul

Being directed to attend a disciplinary investigation in a Queensland correctional environment is one of the most stressful and confronting experiences an officer can face. The stakes are high. Your career, reputation, and livelihood may all be impacted by how you respond in those first moments. Yet, despite the seriousness of these processes, many officers are not properly informed of their rights or the protections available to them. This is where procedural fairness become