What are my rights when returning from long service leave in Australia?

Question from Kos, What are my rights when returning from long service leave in Australia?

Answer from AI:

In Australia, the Fair Work Act 2009 provides certain protections for employees returning from long service leave. It’s important to understand these rights and how they apply to your situation.

Right to Return to the Same Job

Under the Fair Work Act, you generally have the right to return to the same job you had before taking leave. If that job no longer exists, you should be offered an available job for which you are qualified and suited, that is nearest in status and pay to your pre-leave job.

Redundancy

If your role has been made redundant while you were on leave, your employer should have followed the correct redundancy process. This includes consulting with you about the redundancy, giving you notice, and potentially providing redundancy pay. If this process was not followed, you may have rights under unfair dismissal laws.

Changes to Your Role

If your role has significantly changed, it may be considered a constructive dismissal, which is a type of unfair dismissal. Constructive dismissal occurs when an employer makes significant changes to an employee’s role or working conditions, with the result that the employee is forced to resign.

Seeking Legal Advice

If you believe your rights have been violated, it may be beneficial to seek legal advice. A lawyer can help you understand your rights and options, and can assist you in taking action if necessary.

Remember: This information is general in nature and does not constitute legal advice. You should consult with a legal professional for personalized advice.

For more information, you can refer to the Fair Work Ombudsman’s guide on long service leave and the Fair Work Ombudsman’s guide on redundancy.