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Below is a list of our factsheets with information on the most common work-related issues we are asked about. The factsheets are not intended as a substitute for legal advice. 

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Conditions of employment

Different ways of working

Casual employment and conversion

Flexible work arrangements

Pay

Leave

Superannuation

Unfair dismissal

General protections

Redunancy  

Work health and safety

Workers compensation

Sexual harassment

Bullying

Workplace discrimination

Parenting and pregnancy

Family domestic violence

Negotiating with your employer

Performance management

Workplace mediation

Emails, internet and social media

Unions

Mental health at work

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

Contact Us

If you would prefer to speak to someone about your work-related issue, submit our Enquiry Form and one of our staff will contact you for a confidential chat.

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What are conditions of employment?

Your ‘terms and conditions of employment’ are what are provided to you in return for work performed. They include such things as leave, rates of pay, penalty rates, hours of work, public holidays, probation periods, and superannuation. These things should be explained to you when you start a new job.

You will find your terms and conditions of employment in one or a combination of the following resources:

• The Fair Work Act 2009 and the National Employment Standards which apply to all employees in the Northern Territory;
• NT legislation regarding occupational health and safety, workers’ compensation, public holidays, long service leave, and anti-discrimination;
• A written common law contract;
• A verbal common law contract;
• A letter of offer;
• A workplace agreement; or
• A Modern Award.

National Employment Standards (NES)

The Fair Work Act 2009 contains minimum conditions known as the National Employment Standards (NES), which have operated since 1 January 2010. Some Modern Awards or agreements may contain additional terms which modify the way the NES applies to some people. In some cases, additional leave benefits may be provided for in Modern Awards or agreements. You should check your Modern Award or agreement for such terms.

The NES set out the following minimum conditions for NT employees:

Maximum ordinary hours per week 

A maximum of 38 ordinary hours of work per week, which can be averaged out over 12 months if agreed in writing, plus reasonable additional hours;

Flexible work arrangements

A request can be made for flexible working arrangements if you are a parent or have responsibility for the care of a child who is of school age  or younger; are a carer (as per the meaning of the Carer Recognition Act 2010); have a disability; are 55 or older; are experiencing domestic or family violence from a member of the employee's family; or you are the carer or provide support to somebody who is experiencing domestic or family violence who requires care or support because they are experiencing violence from that person's family.

To make a request you must have 12 months continuous service on a full-time or part-time basis with the employer, and if you are a long-term casual, you have an expectation of ongoing employment on a regular and systematic basis;

Parental leave  

52 weeks of unpaid parental leave for each parent (for permanent workers and casuals who have worked continuously for the employer for at least 12 months), with the alternative for one parent to request a second 52 weeks unpaid leave if their partner is not intending to utilise theirs. The employer can refuse the second year of leave on reasonable business grounds;

Annual leave

4 weeks of paid annual leave per year for permanent full-time employees (pro rata for part-timers), with an additional week for employees who regularly work day and night shifts and shifts on Sundays, Saturdays and public holidays;

Personal / carer’s leave 

10 days of paid personal leave (which can be used for sick leave or carer’s leave) for permanent full-time employees (pro rata for part-timers);

Carers leave 

2 days of unpaid carer’s leave per each occasion that a member of your immediate family or household is ill, injured or affected by an unexpected emergency. This entitlement is for permanent and casual employees. Permanent employees can only access the unpaid entitlement if they have already used all of their paid personal leave entitlements;

Compassionate leave 

2 days of paid compassionate leave per occasion for permanent employees (unpaid for casual workers); 

Family and Domestic Violence leave 

10 days of paid leave per year, for employees experiencing family or domestic violence, who need to do something to deal with the impact of the violence, which it is impractical for them to do outside their ordinary hours of work. The leave is available in full from the commencement of each year of employment and does not accumulate from year to year.

Community Service leave

Community service leave to engage in an eligible community service activity, including jury duty (usually 10 days paid leave) and voluntary emergency management activities (this is usually unpaid leave);

Long service leave

In the Northern Territory the amount of long service leave owed to an employee is generally determined by the NT Long Service Leave Act, a pre-modernised award or an agreement.  It is often, but not always, 13 weeks of leave after 10 years of service;

Public holidays

A paid day off on a public holiday, except where reasonably requested to work;

Notice of termination and redundancy pay 

Up to 5 weeks’ notice of termination and up to 16 weeks’ severance pay on redundancy, both are based on the length of service;

Provision of a Fair Work Information Statement

The statement must be provided to all new employees and contains information about the NES, Modern Awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, union rights of entry, transfer of business, and the respective roles of the Fair Work Commission and Fair Work Ombudsman.

As well as the NES, you may be covered by conditions that are written in a Modern Award, agreement, individual contract, or the letter of offer given to you when you started work. When you start work, your employer should let you know which conditions cover you and where they are found. 

For more information on the NES please contact the Fair Work Ombudsman at www.fairwork.gov.au

A term in your agreement, contract or Modern Award has no effect if it is detrimental to you when compared to an entitlement under the NES. The NES apply to all employees, regardless of whether they are covered by a Modern Award or agreement.

What if I am not covered by a Modern Award or an agreement? 

If you are not covered by any Modern Award or agreement, including the Miscellaneous Award, then the NES set the minimum terms and conditions of your employment. 

Where can I get more help?

• NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 
• Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au
• NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au
• Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au
• Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au
• Fair Work Commission, Ph: 1300 799 675, fwc.gov.au
• NT Police, Ph: (emergency) 000. If calling from a mobile: 112
• Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au
• NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au
• Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.
• Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au
• To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

It is important to know whether you are a permanent or casual employee. The answer to this question will have a significant effect on your conditions of employment, including your pay.

Permanent Worker

A permanent full-time worker usually works 38 hours a week on a continual and regular basis. 

A permanent part-time worker has continuous and regular work, and usually works less than 38 hours per week. 

Permanent employees have continuity of employment, an expectation of ongoing work and are entitled to paid leave, such as (but not necessarily limited to) annual leave, personal leave (including sick leave and carer’s leave), and parental leave (after 12 months service). Part time employees will accrue these benefits on a pro rata basis.

Permanent employees are also entitled to receive a minimum period of notice if they are terminated. This is based on the employee’s length of service and must be given in writing.

Casual Worker

A casual worker has no firm advance commitment that their work will continue indefinitely with an agreed pattern of work.

Casual Workers are paid a casual loading or a specific pay rate for casual employees as per their Award or Employment Agreement.

Casual employees covered by affected modern awards now have the right to request their casual position be converted to part-time or full-time permanent employment in specified circumstances. To be eligible, the casual must: have worked with the employer for 12 months; and have worked over the 12 months a pattern of hours on an ongoing basis, without significant difference, which could continue to be performed in accord with the full-time or part-time employment provisions of the relevant award. Employers can only refuse the request on reasonable grounds and must do so in writing, within 21 days. A refusal may be disputed by the employee making Application to the Fair Work Commission.

For more information see - https://www.fairwork.gov.au/sites/default/files/migration/724/casual-employment-information-statement.pdf 

Fixed Term Contract Worker

A fixed term contract contains a specified beginning and end date.  At the agreed end date, the contract will automatically expire without the need for either party to terminate the contract. 

Fixed term contracts may be used for filling a position while a worker is on leave, for example, filling in for somebody who is on 12 months maternity leave or for completing a specific project like the introduction of a new computer program or to write a report.

From 6 December 2023, there are limitations about the use of fixed term contracts. 

1. A fixed term contract can be no longer than 2 years;
2. A fixed term contact cannot be extended so that the period lasts for more then 2 years nor can it be extended or renewed more than once;
3. A fixed term contact cannot be offered in some circumstances in which there have been subsequent fixed term contacts.

For more information see - https://www.fairwork.gov.au/sites/default/files/2023-12/is-fixed-term-contract-information-statement.pdf 

Independent Contractor 

There is a legal difference between being an employee and being a contractor, or self-employed. Sometimes this can be quite unclear. It is important to get advice on this, as the legal definition is complex and affects your pay and entitlements. 

From 26 August 2024, due to changes to the Fair Work Act, to determine if an employee is an independent contractor the following must be considered.

• The real substance, practical reality and true nature of the working relationship.
• All parts of the working relationship between the parties including the terms of the contract and how the contract is performed in practice.

If contractors believe that their service contract contains unfair contractual terms they can now apply for dispute resolution with the Fair Work Commission.

Trainees and Apprentices

Apprentices and trainees are employed under a contract of training with a probation period of up to six months.  Apprenticeships and traineeships are legally binding training arrangements between an employer and an apprentice or trainee that combines structured training, which may be delivered on site or off-the-job, with paid full-time or part-time employment. Apprenticeships and traineeships can also be school-based.  Generally, an apprenticeship can take 3 to 4 years to complete, whereas a traineeship is usually only one year, but can vary up to 2 years for higher level qualifications.

The employer must allow apprentices/trainees to attend training as per the requirements of the training contract.  Apprentices/trainees cannot be employed on a casual basis and unless stated otherwise by a Modern Award, are paid for time spent at training.

After training is completed, a nationally recognised qualification and a certificate of completion are awarded. An apprentice or trainee can be signed off and receive a certificate of completion once they are deemed competent by their employer and registered training organisation.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What is casual employment conversion?

Employers must give every new casual employee a Casual Employment Information Statement (the CEIS) before, or as soon as possible after, they start their new job. The Statement provides definition of casual employment, information on applicable entitlements, incl. circumstances where a casual employee may convert to permanent employment. 

The National Employment Standards (NES) apply to all employees covered by the national workplace system, however only certain entitlements apply to causal employees. 

These are:

• Maximum working hours;
• 2 days unpaid carer’s leave and 2 days unpaid compassionate leave per occasion;
• 10 days unpaid family and domestic violence leave (in a 12-month period);
• Community service leave (except paid jury service);
• Public holidays;
• Fair Work Information Statement and Casual Employment information Statement;
• Right to casual conversion;
• Parental leave entitlements;
• Notice of Termination.

Does my employer have to offer me casual conversion?

Only businesses with 15 or more employees have to offer casual conversion to their casual employees. That means you become a permanent (full-time or part-time) employee. This is known as ‘casual conversion’.

Employers have to offer you casual conversion if you meet the following criteria:

• You have been employed by them for at least 12 months;
• You have worked a regular pattern of hours on a regular and ongoing basis for at least 6 months, and
• You could continue working that regular pattern of hours as a permanent employee without significant changes.

What your employer needs to do?

• Make an offer to you in writing, within 21 days of days after your 12-month anniversary. This offer should include whether you are changing to full-time or part-time employment, the employee’s new hours of work and the day the change will come into effect.
• If your employer does not offer you casual conversion then they must tell you the reasons why in writing, within 21 days after your 12-month anniversary. 

Employer Rejection Reasons

What counts as ‘reasonable grounds depend on your circumstances. They can include that within the next 12 months:

• Your position won’t exist;
• Your hours of work will significantly reduce;
• The days or times your employer needs you to work will change significantly, and you won’t be available to work the revised schedule;
• Substantial changes to the employee’s terms and conditions would be required to be made to ensure the employer does not contravene a term of a fair work instrument; and/or
• The change would result in the employer not complying with a selection criterion required under a law. This may include the public sector recruitment or selection process under the Public Service Act 1999, which provides merit-based selection process.

What do I need to do?

If your employer offers you casual conversion you need to respond in writing within 21 days. You can accept or decline the offer.

What if I disagree with the decision not to offer me casual conversion?

If you disagree with your employer’s decision, you will need to try and see if the dispute can first be resolved directly with the employer. If you are covered by an award or an agreement, you need to follow the process that it sets out for dealing with disputes about NES. See ‘Who can help?’ section if you unable to resolve the issue and need further help.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What are flexible working arrangements?

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amends the Fair Work Act 2009 (the Act) to strengthen the right to request flexible working arrangements to assist eligible employees to negotiate workplace flexibilities that suit both them and their employer.

The National Employment Standards (NES) give some workers the right to request flexible working arrangements.

Flexible working arrangements may mean changes to:

• Work hours;
• Patterns of work;
• Work location.

Full-time and part-time employees can request flexible work arrangements if they’ve worked with the same employer for at least 12 months and they:

• Are the parent, or have responsibility for the care, of a child who is school aged or younger;
• Are a carer (under the Carer Recognition Act 2010);
• Are a person with disability;
• Are 55 or older;
• Are pregnant;
• Are experiencing family and domestic violence, or
• Provide care or support to an immediate family or household member who is experiencing family and domestic violence. 

What are my employers rights and responsibilities?

An employer must respond to a request in writing, within 21 days.

If refusing the request, they must include their reasons for refusing in their written response.

An employer can only refuse a request if they have:

• Discussed the request with the employee;
• Genuinely tried to reach an agreement with the employee but were not able to do so;
• Considered the consequences for the employee if the request is refused, and
• Reasonable business grounds for refusing the request.

Can the Fair Work Commission help me?

Using Form F10C employees can apply to the Fair Work Commission to resolve a dispute about flexible working arrangements. To do so you will need a copy of your written request and a copy of the employers written response, if you were given one. Once lodged it will be given to a Commission Member who will decide how your case will proceed. For example, they might hold a conference or hearing.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

Your rate of pay should be set out in an Enterprise Agreement, a Modern Award, and/or your employment contract.  If no Enterprise Agreement or Modern Award applies to your employment your minimum pay is set at the National Minimum Wage. 

National Minimum Wage

If you are not covered by a Modern Award or Enterprise Agreement then the National Minimum Wage applies to you as a minimum hourly payment. If you have a contract of employment, it may include a higher rate of pay.  From 1 July 2024 the National Minimum Wage is $ 915.90 per week (calculated on the basis of a week of 38 ordinary hours) or $24.10 per hour. 

Casual employees are generally entitled to a casual loading on top of their base hourly rate of pay, although there may be a few exceptions. Casuals should check their Modern Award, Enterprise Agreement or contract. Otherwise, as of 1 July 2024, the minimum casual loading is 25% on top of the base rate of pay. This loading is reviewed annually.

Pay increases

Your minimum pay rates may go up:

• When you get a promotion;
• If you are a junior and turn a year older or you become an adult (usually 18 years old, but under some Modern Awards an adult is 21 years of age);
• If you are an apprentice, when you shift from one year to the next;
• After each year of service within a particular classification;
• When an Enterprise Agreement or Modern Award says so; 
• If and when a pay increase is awarded by the Fair Work Commission; or
• When your contract says you have a salary or performance review where pay increases may be awarded. 

If you do not get a pay increase to which you think you are entitled, you may have been underpaid.

Superannuation is paid as a percentage of your ordinary pay which typically means that when your ordinary pay goes up, so should your employer’s contribution to your superannuation.

Pay slips

Every time you are paid, you should also receive a pay slip. Under the Fair Work Act 2009, employers are required to provide pay slips to employees, via email or in hard copy, within 1 working day of them receiving their pay (even if the worker is on leave at the time). There is certain information that must be included on every pay slip:

• Your name;
• The name of your employer and their ABN if they have one;
• The date of payment, and the period covered by the payment;
• Your ordinary hourly rate, and the number of hours worked and the amount paid at that rate;
• The gross and net amounts paid to you;
• Any amounts paid that are bonuses, loadings, allowances, penalty rates or other separately identifiable entitlements;
• Amounts deducted from your gross pay (such as tax and superannuation), and the name of the fund or account into which the deduction was paid;
• If the employee is paid an annual rate of pay (salary), the rate as at the last day in the pay period.

You may also get a Payment Summary (previously called a group certificate) for your tax return in July each year. If your employer uses Single Touch Payroll (STP), your income statement will be available in the Australian Taxation Office online services after the end of financial year. Employers are no longer required to provide a digital or paper payment summary to employees where information is reported through STP. It’s a good idea to keep your own record of pay received and hours worked. Keeping a time book and pay slips, for example, will help if a dispute arises over pay or hours. 

Underpayment of wages

If you think you have been underpaid, speak to your employer. If you are not satisfied with the result and need further assistance, contact the NT Working Women’s Centre.  If you are unable to reach a satisfactory conclusion you may lodge a complaint to the Fair Work Ombudsman within 6 years from the date the underpayment occurred. 

Overpayment of wages

From time to time, employees are overpaid entitlements during their employment or at the finalisation of their employment. The overpayment of entitlements such as leave or wages is not a clear cut issue. Generally, it is accepted that in circumstances where an overpayment is made, the employer and employee come to an agreement to repay the overpayment either in one instalment or in several instalments over a period of time. If an employee refuses to repay the amount owed, the employer may choose to pursue debt recovery options or seek a Court order for repayment of the overpaid wages.

Over time, the courts have determined the circumstances in which an employer can recover an overpayment made to an employee. An employer must demonstrate a genuine mistake that gave rise to the payment made in error. The most common cause of overpaying an employee by an employer is due to clerical or computer input error, e.g. incorrect information put into the payroll system. In most circumstances, such a clerical error is recoverable through the courts. If the overpayment to a staff member was made voluntarily and then an employer changed his or her mind, the money cannot be recovered unless the employee agrees.

Trial periods

You should be paid for work you do. Whether you are a trainee, an employee attending training, or are on a trial, you should still be paid for this time. Make sure you find out when you start whether you will be paid and how much. 

A brief work trial can be legally unpaid if it is necessary to evaluate someone's suitability for the job, and:

• It involves no more than a demonstration of the person's skills, where they are relevant to a vacant position;
• It is only for as long as needed to demonstrate the skills required for the job. This will be dependent on the nature and complexity of the work, but could range from an hour to one shift;
• The person is under direct supervision of the potential employer (or other appropriate individual) for the entire trial.

Junior rates

While all workers must receive at least the minimum hourly rate, if you are under 21 years of age, you may receive a junior rate of pay. This is related to your age and is set at a percentage of the relevant adult rate of pay. Junior rates of pay can vary depending on the industry in which you work. The rates can be found in your relevant Modern Award, Enterprise Agreement or employment contract. If there is no mention of a junior rate, then you will be paid the adult rate. The expert panel of the Fair Work Commission reviews junior wages each year for employees who are not covered by a Modern Award or Enterprise Agreement. See the table at the beginning of this factsheet for more information.

Trainees and apprentices

Trainees and apprentices are employed under a training contract for a fixed period of 6 to 48 months (full-time duration), with a probation period of up to 6 months, depending on the vocation. Training contracts may be part-time, full-time or school based. The employer must allow trainees and apprentices to undertake training, which can be on or off the job and forms part of the training contract obligations. Trainees and apprentices cannot be employed on a casual basis and unless stated otherwise by a Modern Award, are paid for time spent at training.

Wages for people with a disability

In the federal workplace relations system, employees must qualify for the Disability Support Pension from Services Australia to be eligible to be paid disability wages. Disability wages are usually calculated by multiplying the relevant minimum wage with a percentage that reflects the employee’s assessed productive capacity. The resulting wage is commonly known as a ‘productivity-based wage’ or a ‘pro-rata disability wage’. The expert panel of the Fair Work Commission reviews disability wages each year for employees who are not covered by a Modern Award or Enterprise Agreement.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

There are many different types of leave that you can take.

Refer to your workplace policies to confirm how you can apply for different types of leave.

Annual leave

Under the NES, permanent full-time workers are entitled to 4 weeks of paid annual leave each year, and permanent part-time workers are entitled to this on a pro-rata basis. Some shift workers are entitled to 1 extra week of annual leave each year. An employer may offer more than 4 weeks paid annual leave. For example, Northern Territory Government employees have an entitlement of 6 weeks annual leave per year.

Annual leave accrues progressively and accumulates from year to year.

Your employer cannot unreasonably refuse your request for annual leave. Your employer can direct you to take annual leave, but only if this is reasonable.

If you are on annual leave and a public holiday occurs this does not count towards your annual leave and should be paid as a public holiday. Also, if you need to take personal leave whilst on annual leave and this is approved, these days do not count towards your annual leave, unless you have no personal leave available, and wish your leave to be applied this way. Personal leave whilst on annual leave usually needs to be supported by a medical certificate. At the finalisation of your employment (whether you are terminated or you resign) you are entitled to be paid out any untaken annual leave including any leave loading entitlement.  

You cannot take or accrue any paid or unpaid leave (except parental leave) while on workers’ compensation.

Cashing out annual leave

You are entitled to cash out your annual leave, as long you will still have 4 weeks leave remaining, and a term in your agreement or Modern Award allows this. Your request and your employer’s response must be in writing. It is against the law for your employer to influence or pressure you to cash out your annual leave. When annual leave is cashed out, any leave loading applicable on taking the leave is also payable.

Leave loading

Annual leave loading is an additional payment, usually 17.5%, which you may get on top of your ordinary pay while you are on leave if you are covered by a Modern Award or agreement, unless your Modern Award, contract or agreement expressly excludes it. 

If you are not covered by a Modern Award or agreement, and are only covered by the NES, you are not automatically entitled to leave loading, although your employer may choose to provide it.

Don’t forget if you are entitled to leave loading, it is also payable on termination.

Personal / Carer’s Leave (sick leave)

Under the NES, all permanent employees are entitled to:

• 10 days of paid personal/carer’s leave per year; 
• A further 2 days of unpaid carer’s leave per occasion if all paid leave has been used up; and 
• 2 days of paid compassionate leave per occasion. 

Under the NES, casuals are entitled to:

• 2 days of unpaid carer’s leave per occasion; and 
• 2 days of unpaid compassionate leave per occasion.

Personal/carer’s leave can be taken if:

• You are not fit to work because of personal illness or injury; or
• You need to provide care or support for a member of your immediate family or household due to personal illness or injury, or an unexpected emergency. The definition of immediate family includes your spouse, de facto partner, child, parent, grandparent, grandchild or sibling, and your spouse or de facto partner’s child, parent, grandparent, grandchild or sibling.

If you need to take personal/carer’s leave you have to notify your employer as soon as reasonably practicable. Your employer may ask you to provide evidence (e.g. a medical certificate or a statutory declaration). You do not need to do this if there are reasons beyond your control (for example you are suffering a severe mental or physical impairment). Your employer can also ask for evidence for compassionate leave. Your Modern Award, agreement, or workplace policies may also contain requirements about the evidence you need to give.

Cashing out personal/carer’s leave

You can request to cash out personal/carer’s leave entitlements, as long as a minimum balance of 15 days leave (or pro-rata for part-time workers) is available after cashing out. 

However, you can only cash out personal/carer’s leave if a term in your agreement or Modern Award allows this. Your request and your employer’s response must be in writing. It is unlawful for an employer to influence or pressure you to make you cash out your personal leave. If you are not covered by a Modern Award or agreement you cannot cash out personal/carer‘s leave.

Compassionate leave 

Compassionate leave can be taken if a member of your immediate family or household dies or has an illness or injury that poses a serious threat to their life. 

Community service leave

You can take unpaid leave to undertake an eligible community service activity such as jury service or voluntary emergency management. Your employer must provide permanent employees with make up pay for jury duty for up to 10 days. You must give notice as soon as possible, and your employer may require evidence.

Annual ‘shut down’ period initiated by employer

An employer may temporarily close their business or workplace during slow business periods, like between Christmas and New Year or during school holidays. This is called a shut down.

If you are not covered by a Modern Award or agreement, your employer can require you to take paid annual leave during a shut down if the requirement to take annual leave is reasonable. 

If you are covered by a Modern Award or agreement, the Modern Award or agreement will stipulate whether your employer can temporarily close their business and any conditions that must be fulfilled prior to the shutdown, for example, giving four (4) weeks’ notice of the shutdown.

This is not a standard Modern Award feature, and you should check the terms of your Modern Award or agreement.

If you don’t have enough leave, or your Modern Award or agreement doesn’t allow your employer to require you to take paid annual leave, you can agree to take paid or unpaid leave or annual leave in advance. If you don’t agree, then you’re entitled to be paid your usual wages. 

Long service leave

If your Modern Award, agreement or contract is silent on the issue of long service leave, or if you are not covered by a Modern Award, agreement or contract, then the Long Service Leave Act NT applies. Under this act, all employees, including casuals, are entitled to 1.3 weeks of long service leave for every year of completed service, after 10 years of service, and in some situations, after 7 years. However, if your Modern Award, agreement or contract provides more then it will apply instead of the Act. 

In some cases, accrued long service leave will be paid out when your employment terminates. If you are eligible for long service leave, but your employment terminates before taking it, you are entitled to be paid out the amount due to you. If your employment terminates after 7 years because you are retiring, or because of illness, incapacity or domestic or other pressing necessity, you are entitled to be paid out your long service leave, at 1.3 weeks for every completed year of service. (If you are terminated for serious misconduct this does not apply).

You are entitled to have your Long Service Leave paid out upon termination, but we encourage you to take the leave if you can. You deserve the break!

Public holidays

You are entitled to be absent on prescribed public holidays. Your employer may make a reasonable request for an employee to work on a public holiday. However, an employee may refuse to work if they have reasonable grounds, or if the request is unreasonable.

Parental & pregnancy related leave

There are a range of leave options available to women who are pregnant and parents who are adopting or expecting the birth of a child.  Below is a summary of leave options that might be available to you. 

Please read factsheet 16 Parenting and pregnancy for more details on these and other parenting related entitlements.

Family and Domestic Violence Leave

All employees get 10 days of paid family and domestic violence leave upfront under the National Employment Standards (NES). This includes full-time, parttime and casual employees. The leave isn’t pro-rated. 

Please read factsheet 17 Family and Domestic Violence,  for more information.

Other forms of leave

Under your agreement, Modern Award or contract you may be entitled to other forms of leave (paid or unpaid) as well as those discussed above. These may include leave without pay, union training leave, study leave, cultural leave, and even moving or re-location leave. Aboriginal and Torres Strait Islander people working under certain Modern Awards or agreements may be entitled to additional leave, with or without pay, to participate in ceremonial activities and cultural obligations. You should check your conditions carefully. You may also be able to negotiate additional leave entitlements with your boss. Be sure to put any agreement in writing.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What is superannuation?

Superannuation is a form of compulsory savings which ensure that employees accumulate funds for their retirement. 

Increases to your Superannuation

The compulsory superannuation rate (the amount your employer contributes to your superannuation fund) is increasing to help you grow your savings for the future. The table below shows how the increases to the superannuation contribution are scheduled to occur:

Year                  Rate

2023-2024       11%

2024-2025       11.5%

2025-2026       12%

Is there anyone who does not get Superannuation?

Employers do not have to pay superannuation for you if you are:

• Aged under 18 and working less than 30 hours per week;
• A non-resident employee paid for work done outside Australia.

However, you should check your Modern Award or agreement as some give people in these categories the right to employer superannuation contributions. In some instances, an employer can apply for an exemption to pay superannuation in the country where their employee is temporarily working, or for non-Australian employers from paying super in Australia. 

As well as your employer’s contribution, you can put additional money of your own into the fund, or into another fund of your choice.

How do I know if my Superannuation is being paid?

Your weekly or fortnightly payslip must indicate how much superannuation your employer is paying on your behalf and the name of the fund. 

Every year, the fund into which your superannuation is being paid should send you a letter with details of the amount in your account. Check the amount against your payslips.  

You can also contact your superannuation fund at any time to check the balance. If your employer is not paying your superannuation into a fund, you should report this to the Australian Tax Office, which has the power to make the employer pay. 

Insurance

Super funds also provide life insurance, and some provide accident and injury insurance as well. 

From 1 July 2019, insurance will be cancelled on a super account if it has been classified as inactive, regardless of its balance. An account will be classified as inactive if, over a 16-month period, either no contributions have been received or the member has not otherwise engaged with the account by, for example, requesting a change to their investment strategy or insurance coverage.

When can I access my Superannuation?

You can get your super when you retire and reach your preservation age.  This is between 55 and 60, depending on when you were born. (See table below). Or when you reach age 65, even if you are still working.  If you have ended an employment arrangement on or after turning 60, you are able to access the superannuation you have accumulated up until that point. If you decide to return to work, you can still access you super you had before you returned to work. However, for any contributions from your new employer, you will need to wait until you leave that job before you can access that super.

The table below sets out preservation age, which varies according to when you were born:

Preservation Date of Birth            Preservation Age

Before 1 July 1960                              55

1 July 1960 – 30 June 1961                56

1 July 1961 – 30 June 1962                57

1 July 1962 – 30 June 1963               58

1 July 1963 – 30 June 1964               59

From 1 July 1964                                60

Special circumstances

There are very limited circumstances when you can access your super early. These circumstances are mainly related to specific medical conditions or severe financial hardship.

More information is available on the Australian Tax Office website, or by contacting your super fund. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What is an unfair dismissal?

Unfair dismissals are those which are ‘harsh, unjust, or unreasonable’ and include terminations by an employer where there is no valid reason or there has been no procedural fairness. 

If you believe you have been dismissed in a way which is harsh, unjust or unreasonable, you may be able to make a claim for unfair dismissal to the Fair Work Commission. It may be possible to be reinstated (get your job back) or to receive compensation for the wages and other entitlements lost in the period between the dismissal and re-employment. 

Unfair dismissal applications must be lodged within 21 calendar days after the dismissal takes effect.  

Only employees can make a claim for unfair dismissal. This means that if you are engaged as an independent contractor or subcontractor then you cannot make a claim. However, in some circumstances workers who are called contractors are legally recognized as employees. If you do not know what your employment status is or are unsure whether you are a genuine independent contractor or not, you should get advice as soon as possible.

Not every employee can make a claim for unfair dismissal. You are excluded from making a claim if any of the following applies to you:

• You have been working for your employer for less than 6 months, or, if your employer is a small business employer, less than 12 months;
• You are working for a small business employer (an employer with less than 15 employees) who has complied with the Fair Dismissal Code; 
• You are a casual employee (except where you have worked on a regular and systematic basis for the required amount of time as described above and prior to the dismissal you had a reasonable expectation of continuing employment);
• You earn over $ 175,000 per year and you are not covered by a Modern Award or agreement. This amount is indexed (adjusted) each year;
• You are employed under a fixed term contract of employment or a training arrangement for a specified period of time (or season) or for a specified task such as a project and the contract, task, season or training period has ended;
• Your dismissal was for ‘serious misconduct;’
• You are an independent contractor; or
• Your dismissal was a genuine redundancy.

In deciding whether your dismissal was unfair, the Fair Work Commission will look at:

• Whether there was a valid reason for the dismissal related to your capacity or conduct;
• Whether you were notified of that reason; 
• Whether you were given any opportunity to respond to the reason;
• Whether your employer unreasonably refused any request you made to have a support person present at any discussions relating to the dismissal;
• Whether you had been warned about unsatisfactory performance before the dismissal (if this was the reason for the dismissal); and
• The size of the business and the absence of dedicated human resource management specialists. 

As of 1 July 2024, the filing fee or cost of lodging an unfair dismissal application is $87.20.  The compensation limit for a successful unfair dismissal claim is $87,500, or 6 months of the dismissed employee’s annual income, whichever is less.

What if I was forced to quit my job?

This may mean that your resignation could be considered a constructive dismissal.

Constructive dismissal means that even though your employer did not say you were sacked, the employer’s behaviour left you with no reasonable choice but to resign. This is relevant if you are making a claim for unfair dismissal or unlawful termination where you must be able to show that your employment was terminated ‘at the initiative of the employer’, not because you decided to voluntarily resign. In some cases, an employer may not say ‘you’re sacked’, but still force you to leave because of the things they say, do or fail to do. Or they may direct you to resign or otherwise you will be sacked.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

A ‘General Protection’ application under the Fair Work Act is a way to seek help if you believe your workplace rights have been breached or violated. This could include discrimination, coercion, unfair treatment or dismissal because you exercised a workplace right at work. ‘Exercising a workplace right’ might be asking for a pay rise, taking parental leave or requesting a different shift and/or flexible work arrangement to accommodate your family’s needs for example.

Who is covered?

All employees are covered including part-time, full-time, casual and independent contractors and other individuals working in Australia. It also applies to all sizes of businesses or organisations big or small. So, regardless of the size of your workplace, you can still seek help and protection under general protections.

What is Adverse Action?

Adverse action is when you are treated badly or unlawfully by your workplace because you did something like speaking up for yourself or exercising your rights such as asking for parental leave or a pay rise. Some more examples of this include:

• An employer dismissing an employee, injuring them in their employment, altering their position to their detriment, or discriminating between them and other employees;
• An employer refusing to employ a prospective employee or discriminating against them in the terms and conditions the employer offers;
• A principal terminating a contract with an independent contractor, injuring them or altering their position to their detriment, refusing to use their services or to supply goods and services to them, or discriminating against them in the terms and conditions the principal offers to engage them on;
• An employee or independent contractor taking industrial action against their employer or principal;
• An industrial association, or an officer or member of an industrial association, organizing or taking industrial action against a person, or taking action that is detrimental to an employee or independent contractor;
• An industrial association imposing a penalty of any kind on a member.

Is there a time limit?

There are two types of applications you can lodge under the General Protections with different time limits.

General Protection – Non Dismissal

If your claim is about unlawful treatment or an incident under general protections law and not about dismissal you can apply to the Fair Work Commission within 6 years of the date that the adverse action was taken by your workplace against you. 

General Protection - Dismissals

If you are dismissed by your workplace because of an adverse action, you have twenty-one (21) calendar days after the dismissal takes effect to apply. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

If you lose your job because the job disappears permanently, according to the law you are considered to be redundant. This may happen due to changing operational requirements, the introduction of new technology, economic downturns, company mergers, take-overs or restructuring. This means that that job is not required anymore because of one of these reasons. Before making you redundant, the employer should follow any consultation requirements in your Modern Award or agreement. If it is reasonable, your employer should redeploy (offer to move) you to another position with the employer or a related company. If the redundancy is not a genuine redundancy, you may be able to claim unfair dismissal. 

In addition to the employer providing the relevant notice or pay in lieu of notice (see below), you may also be entitled to severance pay. This is to compensate you for the loss of benefits (such as accrued long service leave) and for the inconvenience and hardship caused by the loss of employment. 

Severance pay is calculated on how long you have worked there. You should check your Modern Award or agreement for redundancy payments, including when those payments apply. For those not covered by any such clause, there is an entitlement to redundancy pay under the National Employment Standards (NES). The NES sets the minimum employment rights. This entitlement will apply to all employees who have been employed for at least one year, except unless where the employer has less than 15 employees. 

However, you should note that:

• Unless you had an entitlement to redundancy pay under a Modern Award, agreement or contract of employment as of 31 December 2009, only your service with your employer from 1 January 2010 is counted towards your NES redundancy entitlement;
• If your employer has 14 or less than 15 employees, you do not have an entitlement to redundancy pay under the NES;
• You may not be entitled to redundancy pay if you are moving from one employer and your entitlements have been transferred to your new employer (for example, your employer’s business has been bought by another business and you are going to work for the new business); and 
• Generally, casuals, employees on fixed term contracts and employees on training contracts are not entitled to redundancy pay. 

Click here to see the entitlements under the NES.

Sometimes your ’continuation of service’ is broken by having a long break such as during unpaid leave. It is best to check and get advice about this if you are unsure about what is the correct redundancy payment.

If you believe that the redundancy is not genuine, for example if the position still exists, or if you were not redeployed and reasonably could have been, or if the consultation requirements in your Modern Award or agreement have not been followed, you may be able to make a claim for unfair dismissal. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au,

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

One of your fundamental rights as a worker is to work in a place that is healthy and safe.

Under the Work Health and Safety (National Uniform Legislation) Act 2011 your employer has a duty to ensure, so far as is reasonably practicable, the health and safety of its workers. This means your employer must provide and maintain a healthy working environment and ensure that the health and safety of workers is not adversely affected by their work. Find out more from www.worksafe.nt.gov.au

You have the right to be protected from injury and all other mental and physical health risks whilst at work. This includes things like the correct storage of chemicals and limits on lifting heavy loads, as well as the right to work in an environment free from harassment or bullying.

Employer Duty of Care

A duty of care exists to provide for the protection of the health, safety and welfare of workers and others within a workplace. An employer’s responsibility includes: 

• Ensuring employees receive sufficient information, training, instruction or supervision so a job can be performed correctly and safely; 
• Ensuring that workplace infrastructure or equipment, and workplace materials are  maintained in a safe condition; 
• Ensuring the safe handling, packaging, storage and transport of chemicals such as dangerous goods and other harmful materials; 
• Providing adequate facilities that workers can access while at work (such as clean and hygienic toilets and eating areas);
• Monitoring the health of workers and the conditions at the workplace for the purpose of preventing illness or injury;
• Providing training to staff on issues such as discrimination, workplace bullying and sexual harassment; and
• Providing a contact person for staff to discuss issues of safety with (i.e. a harassment contact person).

Employee Duty of Care

Employees also have a duty of care. An employee should ensure that they:

• Take reasonable care for their own health and safety, and for the health and safety of others around them;
• Take reasonable care that their acts or omissions do not adversely affect the health and safety of others around them;
• Follow reasonable directions given by their employer on issues related to health or safety;
• Cooperate with any reasonable policy or procedure of the employer on issues related to health and safety;
• Use relevant safety equipment; and
• Report all workplace accidents to management immediately.

An employee must not:

• Intentionally or recklessly interfere with or misuse safety equipment provided by the their employer;
• Intentionally create a risk to the health or safety of another at the workplace; or
• Bully, harass or treat another person in the workplace in a less favourable manner.

Health and Safety Representatives

The Work Health and Safety (National Uniform Legislation) Act 2011 provides a real focus on consultation between the employer and workers on health and safety issues. As a worker, you have the right to be represented on health and safety matters in the workplace. Health and safety representatives can make a real difference in having safety issues addressed and can help the employer achieve improved health and safety outcomes.

The role of a health and safety representative is to represent the workers who elected them on health and safety matters to their employer or in interviews with workplace safety inspectors. Speak with your employer if your workplace does not have a health and safety representative. NT Worksafe provides training in health and safety. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

If you are injured at work or become ill as a result of work, you may be entitled to workers’ compensation for lost wages, medical and other expenses.  

You should report any injury or accident to your employer as soon as possible and preferably in writing. Do this even if the injury is minor and you don’t need time off, as the injury may cause problems later on.

Am I covered for workers compensation?

You will be covered for workers’ compensation if you are considered to be a ‘worker’ according to the definition in the Return to Work Act 1986 (NT).  The definition of worker has been aligned to the PAYG test applied under Australian Taxation Office (ATO) laws. To determine if you are a ‘worker’ or ‘contractor’ for the purposes of workers’ compensation can be difficult.  If you are unsure, you should seek advice.  The ATO website has guidelines and online tools to assist you to determine your status.

When is a worker covered for workers compensation?

A worker is entitled to compensation for any personal injury or an aggravation of an injury that occurs:

• During the course of employment; or
• By an incident arising out of employment.

Workers have six months to lodge a claim for workers compensation from the date of the injury or when they became aware of the injury.

How do I make a workers compensation claim?

You will need to submit the claim form to your employer along with the approved workers' compensation medical certificate (called a “Statement of fitness for work - First certificate”). This first certificate can cover up to the first 14 days of work incapacity and should be provided to your employer with your completed and signed Workers’ Compensation claim form. Remember to keep a copy of your Claim Form, medical certificate and any documents you have attached, for future reference. 

What happens if my claim is accepted?

If your claim is accepted by your employer’s insurer, you may receive compensation for lost wages for a maximum of five years, or 260 weeks of paid compensation. You are entitled to receive your normal weekly earnings for this time, less any amount you actually earn. However, after receiving a total of 26 weeks compensation payments (not 26 weeks from the date you were injured), compensation payments are then paid at 75% of your normal weekly earnings.

You may also receive compensation for medical and treatment costs for an additional 12 months after that date. 

Note that the five year time limit does not apply to workers who are permanently impaired, if the degree of their impairment is 15% or greater. The assessment of impairment is limited to the primary injury and excludes secondary psychological injury.

Your employer does not have to pay superannuation while you are on workers’ compensation and not working, unless there is an alternative provision in the modern award that covers you.

Workers’ compensation can also cover medical costs which may include fees charged by doctors, specialists, chiropractors, physiotherapists, psychologists and various other practitioners, hospitalisation, chemist items, family counselling, financial counselling and employment counselling, the cost of travelling to and from treatment and replacement of the following items if damaged or destroyed at the time of the injury: spectacles, prosthesis, crutches and other walking aids.

If you are aged 66.5 years or older at the time of the injury, you are entitled to 104 weeks compensation.

What happens when a decision on a claim gets deferred?

A claim can be deferred for up to 56 days to allow the insurer time to gather further information on the claim. The worker will receive up to 56 days of compensation while the insurer further considers the claim.

When the claim is deferred, the employer must commence payments of weekly benefits within three working days of the decision to defer.

The insurer must make a final decision to accept or reject the claim before 56 days have expired from the date of the decision to defer.

During the period of deferral, the employer must pay for treatment and rehabilitation.

The employer is not required to pay for treatment that relates to hospital inpatient and associated surgical costs or the costs of interstate evacuations.

What happens when a decision on a claim gets rejected?

If your claim is rejected by your employer’s insurer, you have the right to appeal the decision by applying to NT WorkSafe for mediation, but you must do this within 90 days of receiving the Notice of Decision and Rights of Appeal form. (This form is the document that your employer’s insurer must provide to you if they reject your claim). 

Mediation is a free service. The mediator will be appointed within 7 days. They will organise to hold discussion with the parties and assist the parties to reach agreement. 

If, in the opinion of the mediator, a conference would help resolve the matter then they will convene a mediation conference and require the worker, the insurer, and sometimes the employer, to attend. You are entitled to have a support person, such as a union representative, family member or friend, attend the conference with you. The support person may represent you if the mediator is satisfied that to do so would facilitate the conduct of the mediation. 

In certain circumstances (if the mediation is in relation to liability for compensation, or a decision to cancel or reduce compensation) the mediator may allow a lawyer to represent you if they are satisfied that it is physically impractical for you to participate in the mediation in person, or if they believe it will facilitate the conduct of the mediation. The mediator may recommend to the Authority that the employer be directed to pay the reasonable costs of legal representation and legal advice.

Once you have applied for mediation you can seek interim benefits from the Work Health Court.  This means that you ask the Court to pay you weekly benefits (wages) while you are awaiting a decision as a result of the mediation or a substantive decision from the Court about whether you are entitled to ongoing benefits. You should be aware that if your claim is subsequently denied, action may be taken to recover these benefits from you.

If you are not satisfied with the insurer’s decision after mediation you have the right to appeal to the Work Health Court but you must do this within 28 days from the date you receive the Certificate of Mediation.  You should seek advice from a lawyer if you wish to do this.  

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

Under new employment laws, from 6 March 2023, sexual harassment of all workers is now prohibited under the Fair Work Act. Sexual harassment is now considered serious misconduct and engaging in sexual harassment can be a valid reason for termination of employment. 

Your employer now has a positive duty under the law (including the NT Anti-Discrimination Act as at 6 January 2024) to put preventative measures in place to ensure your working environment is safe and free from sexual harassment. This means your employer has a positive duty to protect you from harm including customers or external contract workers who may visit your workplace. 

Under recent changes to the Work Health and Safety laws in the Northern Territory, sexual harassment in the workplace can now be deemed a workplace hazard which is known to cause psychological and physical harm. The role of NT WorkSafe is to ensure that that person(s) conducting a business or undertaking, such as your employer, take reasonable care of the health and safety of workers. Your employer must treat the risk of sexual harassment just as they would any other workplace hazard. This means they must reduce or remove the risk of sexual harassment as much as they reasonably can. 

To fully protect workers, employers must have a comprehensive understanding of what can increase the risk of sexual harassment in a workplace. To achieve this understanding, employers must have measures in place to prevent sexual harassment, including policies and procedures to address and eliminate it if it occurs.

What is Sexual Harassment in the Workplace?

Sexual harassment is unwelcome behavior in the workplace that happens because of your sex, sexual orientation, or gender identity. Sexual harassment can happen to anyone, but women are much more likely to be targeted. Sexual harassment can cause psychological and physical harm, and it should not be ignored. 

For example:

• Sexually suggestive behavior, comments, or jokes;
• Staring and/or leering;
• Sexual propositions or asking for sexual favors;
• Unwanted invitations for dates;
• Unwelcome sexual or physical contact such as touching, hugging, kissing, groping;
• Insults, taunts based on a person’s sex;
• Sexually offensive gestures;
• Sexually explicit materials, images, phone calls texts or emails; or
• Intrusive questions about one’s private life, such as sex life and physical appearance.

“The workplace” can include work, work-related trips, and at work-related social events. Under federal legislation, sexual harassment is also unlawful in shops, restaurants, or anywhere that goods and services are provided including your workplace.

What does positive duty mean?

Imposing a positive duty on your employer, or person who is conducting a business or undertaking (PCBU) that you work for, means they have a responsibility to prevent sexual harassment from occurring in the workplace. These new laws means that an employer or person conducting a PCBU must be proactive and take preventative action to stop sexual harassment from occurring in the workplace. 

This obligation on a person conducting PCBU to prevent sexual harassment extends beyond harassment perpetrated by colleagues and/or management internally. This extends to perpetration externally from customers and sales representatives for example.

What is a PCBU?

A person conducting a business or undertaking is referred to as a PCBU. A person conducting a PCBU has a primary duty of care to ensure workers and other people in your workplace are not exposed to psychological hazards and risks such as sexual harassment. As a PCBU they also have a duty to consult with workers and health and safety representatives particularly if they are or likely to be affected by a work health and safety matter.

What should my employer be doing to prevent sexual harassment?

There are many steps your employer can take to prevent sexual harassment. This will depend on the size of the business as to what is considered a ‘reasonable step’. Some of those steps are development of polices, and procedures to prevent and respond to sexual harassment including acceptable standards of behaviour of all workers and the process for discipline and dismissal of sexual harassment perpetrators.  Other steps could include the provision of training to all staff members about their rights and responsibilities as it relates to their specific roles within the organisation and the display of a sexual harassment policy in a common area of the workplace, so it is easily accessible for all employees including management. The respect@work website provides comprehensive resources to assist businesses understand, prevent, and respond to workplace sexual harassment.  Alternatively, you can contact our office if you need help, or workplace training on preventing and responding to sexual harassment. See our website for the list of training options we provide: Work Aware Training Packages, NT 

What can I do if I believe I am being Sexually Harassed?

If you have experienced sexual harassment in connection with your workplace, on 6 March 2023 or after you can lodge a dispute with the Fair Work Commission, or a complaint with the NT Anti-Discrimination Commission or the Australian Human Rights Commission.

Who can lodge a dispute with the Fair Work Commission?

If you believe you are being sexual harassed and you are -

• A worker in a business or undertaking
• Seeking to become a worker in a particular business or undertaking or
• A person conducting a business or undertaking, and the harassment occurs or relates to work business

Who do you lodge the dispute against?

You can lodge the dispute against the person(s) who sexually harassed you and/or the employer where this occurred. You can also lodge a claim against a PCBU. It might be that your employer and or the PCBU should have prevented the harassment, or they did not respond to the complaint in an appropriate way. 

You must apply within 24 months after the alleged sexual harassment in connection from when the sexual harassment occurred, or last occurred in your workplace.

Process and Forms

To lodge a dispute, you need to complete the f75 form, which you can find here: https://www.fwc.gov.au/apply-or-lodge/form/apply-resolve-sexual-harassment-dispute-form-f75. After you lodge a complaint, you will receive a phone call from the Fair Work Commission confirming that they have received your application. At this point, with your consent, your application will be sent to the people and/or employers named in your application. They will be listed as the ‘Respondent’ in your application and you as the ‘Applicant’.

The offenders and employer will have the opportunity to provide a written response to your application. This is also a FWC form, and this response will be sent to the FWC and then it will be sent to you. 

Please note that if you believe the sexual harassment at work happened or started before 6 March 2023 and was not ongoing you cannot use this form but a f72A instead. 

Conciliation

At this stage, a confidential conciliation conference will be held. The way this conference will be conducted will be a matter for the FWC member, however the member will contact you and ask you about your preferences and take care to keep all parties safe. In the NT is likely that the conciliation conference will be conducted on the telephone, or it might be that no conciliation conference is listed, and the matter is listed for hearing. The FWC is taking steps to be victim focused and so your opinion and preference is considered.

At the conciliation stage, you can make settlement offers based on what could be ordered if you were to go to a hearing and win. You can ask for:

• Payment of compensation (pain and suffering); 
• A payment for lost wages (historical or in the future);
• That the employer and perpetrator act in some way. This might be that you ask the employer or other respondents to undertake specific training on understanding and responding to sexual harassment or implement a sexual harassment policy.

Hearing (arbitration)

If your dispute does not settle at conciliation, and all parties agree for it to stay at the Fair Work Commission (FWC) then your dispute will be listed for a hearing. This is called an ‘arbitration’ and means that a member of the FWC will hear your dispute and evidence and make a decision.  A hearing will call for witness statements, submissions about how the law works and applies to the facts in your witness statement, and cross examination of both parties’ witnesses. 

What is the difference between a Stop Sexual Harassment Order and Sexual Harassment Dispute?

‘A stop sexual harassment order’ is intended to prevent any future harassment whilst still employed by the same employer. An application to otherwise deal with the dispute is intended to remedy past harm caused by the sexual harassment. You can make an application to stop sexual harassment and a sexual harassment dispute at the same time using a f75.

A Stop Sexual Harassment Application

If you are still working for the same employer and the sexual harassment continues, then you can make an application in the FWC to “Stop Sexual Harassment Claim’. The matter will be listed for a conciliation conference where the parties will have the opportunity to negotiate an agreement facilitated by the conciliator. If this conciliation is unsuccessful and the parties are unable to reach an agreement, there are two avenues to further pursue the claim:

• With consent of both parties, proceed to arbitration in the FWC. Arbitration gives power to the FWC to award compensation and/or make an order for sexual harassment to stop; or
• If consent is not obtained from both parties, the applicant can request a certificate from the FWC to file proceedings in the Federal Court within 14 days.

How do I make a Stop Sexual Harassment Application in the FWC?

To file a ‘Stop Sexual Harassment’ application in the FWC, you need to file a Form f75 in the FWC. There is a fee of approximately $84.00 to make this application, however, you can apply for a fee waiver if it would cause financial hardship.

You will need to set out the following information in your application:

• Details of your employer and the alleged perpetrator
• Two examples of the behaviours of sexual harassment
• Explain how this behaviour has created a risk to your health and safety (anxiety, stress etc)
• Whether you have followed any processes or reported this behaviour to management
• What you would like the outcome of your application (the remedies you are seeking).

Information on how to make this kind of application can be found on the Fair Work Website at the following links:

https://www.fwc.gov.au/issues-we-help/sexual-harassment/what-is-workplace-sexual-harassment 

https://www.fwc.gov.au/apply-or-lodge/form/apply-stop-workplace-bullying-form-f72

What remedies can you get out of a Stop Sexual Harassment Application?

The following remedies are available if a matter proceeds to arbitration in the FWC:

• A ‘Stop Sexual Harassment Order’ made by the FWC
• Compensation for economic loss (loss of wages if you have had to take time off work etc)
• Compensation for non-economic loss (humiliation, pain, suffering etc).

Where else can I lodge a complaint?

Northern Territory Anti-Discrimination Commission (NTADC)

A complaint can be made online, or you can download and complete the complaint form. If you do not want to lodge a formal complaint, you can also report the discrimination. This is an informal report and can be made anonymously. There is a 12-month time limit from the date of the sexual harassment.  

Australian Human Rights Commission (AHRC)

A complaint form can be filled out online and submitted on the AHRC website. You have 24-months from the date of the sexual harassment to make a complaint in the AHRC.

NT WorkSafe 

NT WorkSafe only accepts workplace harassment complaints in certain situations that fall within the scope of the Act.  You have a time-limit of 6 months to lodge a claim from the date of injury or when you first became aware of the injury.

NTWWC can assist you with the process and/or provide further information and assistance with these. Please see contact details for the NTADC, AHRC and NT WorkSafe below.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What is workplace bullying?

Workplace bullying is a pattern of behaviour involving verbal, physical, social, or psychological abuse by your employer (or supervisor or manager), or another person or group of people who work with you or access your workplace such as customers or contractors. Workplace bullying can happen to work experience students, volunteers, interns, apprentices and contractors.

Bullying behaviour may be subtle and not easily observed by other people, or done in private, or it may be overt and noticeable to other people. Some types of workplace bullying are criminal offences. If you have experienced assault, violence, threats of violence or assault and stalking you can report this directly to the police. 

Examples of Workplace Bullying

• Aggressive or intimidating behaviour;
• Belittling or humiliating comments;
• Victimisation;
• Spreading malicious rumours;
• Teasing, practical jokes or ‘initiation ceremonies;’
• Exclusion from work-related events; 
• Unreasonable work expectations, including too much or too little work or work below the worker’s skill level;
• Withholding information vital to your effective work performance;
• Displaying offensive material;
• Pressure to behave in an inappropriate manner.

What is not workplace bullying?

Reasonable management action is not held to be bullying. This may include management action such as performance appraisals, taking disciplinary action, or changing a worker’s roster. Management action that is not carried out in a reasonable way may be considered bullying. This will depend on the individual facts or circumstances. 

What can I do if I am being bullied?

• Keep a diary of events;
• Seek Support;
• Do not blame yourself;
• Avoid being alone with the bully;
• Avoid justifying yourself to the bully;
• Check grievance procedures in the workplace;
• Talk to the Health and Safety representative in your workplace (if there is one);
• Talk to a trusted colleague;
• Get professional advice;
• Report to your supervisor or boss where it is safe to do so.

Making an internal grievance

Your workplace should have policies and procedures in place about workplace bullying. These policies and procedures should tell you who you should complain to if you have been bullied, how you do it and what will happen.  

Deciding whether to write a letter of complaint or lodge a grievance directly to your employer can be a difficult decision.  The NT Working Women’s Centre recommends that you seek advice prior to writing a complaint so that you can be well prepared.  

Fair Work Commission

If you are covered by the national anti-bullying laws and there is a risk the bullying will continue, you can apply to the Fair Work Commission for an order to stop the bullying. This is a Form 72. Once the complaint is accepted the Commission may refer the matter to mediation, conciliation, or hearing. Mediation in this context will mean confidential and voluntary process in which the participants try to reach an agreement with an independent mediator to resolve the issues. Once an order has been made, there are substantial penalties for failing to comply with the orders. To find out if you are covered by the national anti-bullying laws, visit FWC Website (https://www.fwc.gov.au/issues-we-help/bullying). 

The Fair Work Commission may make any order it considers appropriate, but they cannot order a payment of financial compensation. If bullying results in you being dismissed or leaves you no other option but to resign, you may be able to lodge a claim for adverse action, unfair dismissal, or unlawful termination through the Fair Work Commission. If you feel forced to resign, it is important that you seek advice before doing so. See Factsheet 8 on Unfair Dismissal. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

You have the right to a workplace that is free from discrimination and treated fairly when it comes to getting a job, in opportunities for training and promotion, in your working conditions and if you are dismissed. This applies whether you work full-time, fixed term, part-time, casually, as an apprentice, probationary employee, trainee or as a contractor.

Employees in the NT are covered by both the NT Anti-Discrimination Act and federal discrimination legislation ‘Australian Human Rights Commission Act as well as the federal Sex Discrimination Act, Race Discrimination Act, Disability Discrimination Act and Age Discrimination Act.

The Northern Territory Anti-Discrimination Act defines discrimination as any distinction, restriction, exclusion, or preference made based on an attribute that has the effect of impairing equality of opportunity, and harassment on the basis of that attribute. 

These attributes include:

• Race;
• Colour;
• Sex;
• Age;
• Sexuality;
• Parenthood;
• Pregnancy;
• Trade union or employer association activity;
• Religious belief or activity;
• Political opinion, affiliation or activity;
• Irrelevant criminal or medical record;
• Marital status;
• Impairment (disability);
• Breast feeding;
• Association with a person who has or is believed to have one of these attributes.

New Reforms to the NT legislation

In July 2023 changes to the NT Anti-Discrimination Act were passed providing protection for the following attributes:

• Language, including sign language;
• Gender identity;
• Sex characteristic; 
• Accommodation status;
• Employment status;
• Employment in sex work or engaging in sex work including past employment in sex work or engagement in sex work;
• HIV/Hepatitis status;
• Subject to domestic violence;

Positive Duty

Under the federal Sex Discrimination Act, organisations now have a positive duty to eliminate and respond to sexual harassment, as far as possible in relation to the following unlawful behaviour:

• Discrimination on the ground of sex in a work context;
• Sexual harassment in connection with work;
• Sex-based harassment in connection with work;
• Conduct creating a workplace environment that is hostile on the ground of sex;
• Related acts of victimisation;

The Australian Human Rights Commission have a range of practical information and resources to help organisations meet their positive duty obligations. You can visit their website at The Positive Duty under the Sex Discrimination Act.

The Northern Territory Anti-Discrimination Act and federal discrimination laws may have slightly different grounds for discrimination, so it is best to check to see which law best applies to your situation.

What is adverse Action by an Employer?

Adverse action is unlawful if it was taken for a discriminatory reason by your employer.  Under the Fair Work Act (FWA) adverse action includes threatening, or organising or doing any of the following because of a protected attribute listed above or for exercising a workplace right, your union membership status:

• Dismissing an employee;
• Injuring a employee in their employment; 
• Altering an employee’s position to their detriment, such as demoting them;
• Treating one employee worse than another employee because of one of the protected attributes such as race, sex, age or disability;
• Refusing to employ a prospective employee;
• Discriminating against a prospective employee on the terms and conditions in the Offer of employment;

The Fair Work Ombudsman investigates allegations of unlawful workplace discrimination and may initiate litigation in some circumstances against a national system employer for contravening the Fair Work Act.

You may also be able to lodge an application with the Fair Work Commission. If you have not been dismissed but allege that there has been a contravention of the discrimination protection provisions of the Fair Work Act, you may make an application to the Fair Work Commission to deal with the dispute. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

I just found out I’m pregnant, do I have to tell my boss?

Many women don’t wish to tell anyone about their pregnancy until after the first trimester, or even later. You are not obliged to tell your employer that you are pregnant and want to take unpaid parental leave until 10 weeks before the expected start date of unpaid parental leave. However, if you have concerns about carrying out any of your normal duties, you may need to tell your employer earlier in order for safe arrangements to be made. Under the Anti Discrimination Act 1992 (NT), your employer cannot unreasonably fail or refuse to accommodate a special need you may have as a result of your pregnancy. 

My pregnancy means I can’t keep doing my job, what will happen to me?

Employers have a legal responsibility under the Northern Territory’s Work Health and Safety (National Uniform Legislation) Act 2011 to provide all employees with a safe and healthy workplace. They also have a responsibility under NT and Federal anti-discrimination legislation and the Fair Work Act 2009 (Cth) not to disadvantage or mistreat an employee because of pregnancy.  Your employer should therefore perform a risk assessment to ensure that the work you do and the way you do it is safe for you while you are pregnant.  They may need to make alternative equipment available to you, or temporarily adjust the duties you perform. NT WorkSafe can assist with information regarding undertaking a risk assessment. Your doctor can assist with information about what work is safe and appropriate for you to perform while pregnant.

If you are pregnant and your job poses a risk to your health or the health of your baby, you have the right to be transferred to a safe job with the same pay and conditions. You need to provide a medical certificate stating that you are fit to work but are unable to continue in your present position. If a transfer is not reasonably practical (for example, because appropriate and safe work is not available), you are entitled to take paid leave for the period you can’t continue in your position (as stated in the medical certificate). This paid leave is called ‘paid no safe job leave’ and is in addition to your normal leave entitlements, such as personal leave and annual leave. No safe job leave does not reduce your 12 months parental leave entitlement. Note that no safe job leave will only be paid if you are entitled to unpaid parental leave (see below) and you have notified your employer that you will be taking unpaid parental leave.  If you are not entitled to unpaid parental leave you may be entitled to unpaid no safe job leave.

Can my employer direct me to take leave while pregnant?

If a pregnant employee wants to work in the 6 weeks before their due date, your employer can ask for a medical certificate within 7 days of this time period.  To continue to work, the medical certificate will need to state you can continue to work and it’s safe to do your normal job. 

If the medical certificate says you are fit to work but it isn’t safe for you to continue your normal job, then the employee may be entitled to a safe job or no safe job leave (see above eligibility for no safe job leave).

If a pregnant employee doesn’t provide a medical certificate or the certificate says you can’t continue to work, your employer can direct you to start unpaid parental leave. The unpaid parental leave will then start and it will be included as part of the your total unpaid parental leave. 

What if I need time off while I am pregnant and still working?

Generally, you should be able to access your paid personal leave (previously known as sick leave) to attend antenatal appointments or if you are unwell during your pregnancy.  If you are too unwell to work and have no paid personal leave available, or don’t want to take your paid personal leave, you are able to apply for other types of unpaid leave. Check your employee policies and procedures to identify whether you are entitled to other types of leave. 

What Leave am I entitled to?

Employees can take parental leave when a child is born or adopted, or they experience complications.

Government Paid Parental Leave

At present the Paid Parental Leave (PPL) scheme currently provides 22 weeks (based on a 5-day work week) of payment for a child, with 2 of those weeks reserved for the other parent (subject to eligibility).

To check your eligibility speak with Services Australia or visit, https://www.servicesaustralia.gov.au/parental-leave-pay-for-child-born-or-adopted-from-1-july-2023 

The date of your child’s birth or adoption will determine how many days PPL you can get. If partnered, the date will also determine how many days they can get.

• The number of weeks will increase to 24 from July 2025.
• From July 2026 the final figure will be 26 weeks.

Apart from the weeks that are reserved for the second parent, the PPL can be split between parents in a way that suits their family. For instance, if the couple meet the eligibility criteria, they can decide to split the leave between them if they want.

Presently, parents can take two weeks of leave together. From July 2025 that will increase to three weeks.

Not all the leave can be used by one parent.

A few weeks are set aside for the second parent to encourage both parents to take PPL.

For this financial year 2024-2025, two weeks’ worth of the total PPL is only available to the parent who is not using most of the leave.

If those weeks are not used or taken, they are lost in what the government calls a “use-it-or-lose-it scheme.” This means those weeks cannot be transferred to the parent who has taken most of the paid leave.

From July 2025, the total weeks of PPL will increase to 24 but at least three of those weeks must be used by the second parent

. 

From July 2026, the total weeks of PPL will increase to 26 but at least four of the those weeks will be reserved for the second parent. 

The idea behind providing some weeks for the second parent is to encourage more dads to take leave.

Government Unpaid Leave

From 1 July 2023, the Fair Work Act 2009 (Cth) introduced greater flexibility for all employees taking unpaid parental leave (UPP). This change aligned with updates made to the Paid Parental Leave Scheme (PPL) which came into effect at the same time. Unpaid parental leave is part of the National Employment Standards (NES). 

The NES applies to all employees in the national workplace relations system, regardless of any award, agreement, or contract and the parental leave provisions include:

• Birth related leave and adoption-related leave (including premature birth, still birth or infant death);
• Unpaid special parental leave;
• A right for pregnant employees to transfer to a safe job in appropriate cases, or to take ‘no safe job leave;’
• Consultation requirements;
• A return-to-work guarantee;
• Unpaid pre-adoption leave.

Unpaid parental leave was usually taken in one continuous period. Under the revised legislation, employees can now take up to 100 days of leave outside of this continuous block. Leave can be taken anytime in the 24 months following the birth or placement of their child. This is an increase from the previous 30-day entitlement. 

Pregnant employees are also able to access their flexible unpaid parental leave up to six weeks before the anticipated birth of the child. 

Notice Requirements are now streamlined. Employees are only required to provide one notice 10 weeks before the anticipated birth of their child or placement.

For a pregnant employee, leave can commence up to 6 weeks before the expected date of birth (or earlier if agreed), or within 24 months of the birth of the child. The parental leave must end within 24 months of the birth of the child.

Employer Paid Parental Leave

Many employers provide paid parental leave for the birth parent as a way of valuing, supporting and retaining their staff.  For example, female employees of the NT public service are entitled to 14 weeks paid maternity leave after 12 months of continuous service.  You should check your enterprise agreement, employer policies, contract or letter of offer to see if you may be eligible for paid parental leave.  It is not compulsory for your employer to provide paid parental leave.

Some employers provide paid parental leave for the non-birth parent of a newborn or adopted child. You should check your enterprise agreement, employer policies, contract or letter of offer to see if you may be eligible for paid parental leave as the non-birth parent. 

Employer-funded paid parental leave doesn’t affect an employee’s eligibility for the Australian Government’s Parental Leave Pay Scheme. Employees can get both. Employer funded paid parental leave also runs concurrently with unpaid parental leave meaning that the unpaid parental leave is reduced by the amount of employer-funded paid parental leave taken. For example, if you take a month of employer-funded paid parental leave, you will have 11 months of unpaid parental leave remaining.

What is continuous service? 

Service is the total amount of time that an employee has worked for their employer. Service is used to calculate most accumulated entitlements such as paid leave.

Continuous service is an unbroken period of service. Both paid and unpaid leave periods are counted as service if the leave has been approved by the employer.

What happens if I experience premature birth or birth related complications?

Employees who experience premature births or other birth related complications that result on the newborn baby having to stay in hospital or being hospitalised immediately after birth can now agree with their employer to pause their unpaid parental leave. This means that while their baby is hospitalised, they may return to work and the period where they are back at work won’t be deducted from their unpaid parental leave. 

What happens if I experience stillbirth or the death of a child?

Employees may be eligible to take unpaid parental leave for a maximum of 12 months if they experience a stillbirth or the death of a child during the first 24 months of life and they would have been eligible for unpaid parental leave had the child not died. Employers cannot direct employees to return to work after a stillbirth or death of a child if they are on unpaid parental leave. An employee may still choose to return to work after a stillbirth or death of a child. 

Returning to work

When returning to work from unpaid parental leave you have the right to return to your old position or to a new position if you have been promoted or agreed to accept a new position. It is unlawful for your employer to demote you because of your absence from work. 

If you had been performing light duties or reduced hours prior to commencing parental leave, you are entitled to have your original position back.  If your old job no longer exists and you are qualified and able to work in another position, then you are entitled to work in another position or you may be entitled to a redundancy. When there is more than one appropriate position, you are entitled to the position nearest in status and pay to your former position. 

Some women may not want to, wish to, or be able to return to their full time original position at the end of their parental leave. If this happens to you and you wish to maintain your employment relationship, you will need to negotiate with your employer to find an alternative that works for everyone. Part-time work may be available upon your return.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024

The Fair Work Act 2009 (Cth) states that family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both: seeks to coerce or control the employee and causes them harm or fear.  

Is Family and Domestic Violence a workplace issue?

Family and Domestic Violence (FDV) can be a workplace issue. Violence against women can impact their performance at work in different ways, such as:  

• Being prevented or delayed from getting to work; 
• Crying at work;
• Being worried or preoccupied about your safety and the safety of your children or family;
• Being harassed or intimidated at work; 
• Covering up for what is or has been happening to you;
• Managing your full workload;
• Being afraid to talk about your experiences at work; or 
• Being questioned about coming in late or not getting your job done.

Domestic violence can be stressful, upsetting and distracting and it can make it hard to perform your duties. It can also be a workplace safety risk.

Remember, FDV is about power and control. You can get help to break the cycle and put a stop to the abusive behaviour. Getting a protection order is one way to do this. It means taking the power back.

Telling your workplace may be difficult, but if you are upfront about your situation and raise the issue first, it may allow your employer to provide support and understand any difficulties that you may be experiencing in your job. It is also less likely to be disruptive if you are transparent about your circumstances. It may make it easier if the abusive person tries to cause trouble for you at work. 

It’s important to remember that FDV is not your fault and you should not feel ashamed. You have a right to feel safe at home and safe at work.

How do I stay safe at work?

Workplaces have a duty to provide a safe workplace by ensuring your health and safety at work as far as reasonably practicable. Workers also have a duty to take reasonable care to protect their own safety. You should first check your workplace health and safety policies, as you may find that your workplace has a policy on workplace violence or harassment. Your workplace may also be able to put in a safety plan at work to assist you in feeling safe. NT Working Women’s Centre is able to negotiate with your workplace to develop this plan. 

Workplace based safety planning can include things like:

• Having someone walk you to your car or transport when you leave work;
• Screening or blocking phone calls or emails;
• Asking your workplace to notify relevant staff not to tell anyone private information about your location or movements’
• Making sure you’re not left alone at a work location with public access;
• Changing your work times and patterns;
• Providing a photo of the abusive person to front desk staff, so that they can identify them and call the police if necessary.

Do I need to tell my work about what is happening?

You only need to tell your workplace about things that directly affect or impact your work. This includes anything that could pose a workplace safety risk. Is the abusive person:

• Constantly calling, emailing or texting you at work?  
• Following you to or from work? 
• Making threats to harm you or your co-workers at work? 
• Threatening to tell your boss embarrassing personal information? 
• Coming into or hanging around your workplace to intimidate you? 

If so, you should tell your workplace.

Another consideration is whether you need to negotiate time off to go to court, arrange accommodation or attend appointments with support services, your child’s school or your bank. Or if you need to organise temporary safety measures such as changes to your working times and patterns.  

Does the NT Mandatory Reporting of Domestic and Family Violence legislation cover my workplace too?

Yes, it does. The Domestic and Family Violence Act 2007 (NT) provides that any adult, including your co-workers, supervisor or manager, is obliged to report to the police if they reasonably believe that either or both of the following circumstances exist:

• Another person has caused, or is likely to cause, harm to someone else (the victim) with whom the other person is in a domestic relationship; and/or
• The life or safety of another person (also the victim) is under serious or imminent threat because domestic violence has been, is being or is about to be committed.

This means that if you disclose to somebody at work that you have been seriously harmed or believe that you might be seriously harmed, they are required to tell police as soon as practicable.  

The person that you disclose to does not have to report the domestic violence to the police if: 

• The domestic violence is not ‘serious harm or physical harm’; or
• You, or somebody else, has already reported to the police.

Physical harm includes unconsciousness, pain, disfigurement, infection with diseases and any physical contact with a person that a person might reasonably object to, whether or not the person is aware of it at the time. 

Serious harm means any harm (including the cumulative effect of more than one harm) that:

• Endangers, or is likely to endanger a person's life; or
• That is or is likely to be significant and longstanding. 

The person that you disclose to may delay a report of domestic violence to the police if:

• They are planning your removal and intend to report to the police after your removal;
• They believe that a report to the police as soon as practicable will pose a serious or imminent threat to the life or safety of any person. 

The person you disclose to is not obliged to make a report if they hold a reasonable belief that someone else has already done so.

Leave Entitlements

All employees get 10 days of paid family and domestic violence leave upfront under the National Employment Standards (NES). This includes full-time, part-time and casual employees. The leave isn’t pro-rated. 

An employee’s entitlement to this leave renews every year on the employee’s work anniversary. It doesn’t accumulate from year to year if it isn’t used.

An employer can ask an employee for evidence that they used the leave to deal with the impact of FDV. They do not always need to keep the evidence but may request to cite it. 

Types of evidence can include: 

• A statutory declaration; 
• Documents issued by the police service;
• Documents issued by a court;  
• Family violence support service documents

You can also take other leave types if needed. Such as, Annual Leave, Personal/Carer’s Leave and Compassionate Leave. Exactly what leave you take and how much leave you take depends on where you work and what is in your employment contract. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024

There are times when you may need to negotiate the terms and conditions of your employment with your employer. Some of the things that may be important in these cases are:

• Be clear about what you want to achieve;
• Do research and get advice about the situation before you negotiate;
• Find a good time to talk to your employer/manager. Make sure that she or he is not too busy, and that you won’t be interrupted.  Make sure that neither of you is exhausted after a long shift;
• Take the time to calm down. If you are feeling angry or upset, it’s important that you calm down so you are able to clearly negotiate;
• Bring along evidence. If you are asking for something, it’s going to be more persuasive if you take along evidence of why you think you should get it;
• Ask for a timeframe for a decision. If your employer/manager says they will think about your request and get back to you, ask them to tell you when you can expect an answer.  If they do not reply to your request within this time, you may need to ask again;
• You may wish to put your request, complaint or argument in writing. Keep a copy for your records. You may choose to email the letter of complaint or request; that way you will have a record of the notification being sent;
• Make a written record of the discussion, and, if possible, get your employer to sign the record. As part of negotiations, you may reach agreement with your employer to enter into a new contract of employment or to formally vary your existing contract. You should record the new contract or variation in writing. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024

Employees have a responsibility to follow reasonable directions given to them by their employer, and to follow their employer’s policies about how work is performed and how people conduct themselves in the workplace.  Equally, employers have a responsibility to provide clear instructions and guidelines, and adequate training to enable their employees to work in a safe manner and to the standard required.

Sometimes an employer may consider there is a problem with the way an employee is performing their work, behaving in the workplace or receive a complaint about an employee. When this happens, the employer will follow their ‘disciplinary process’ or ‘performance management’ policy (if they have one), this is likely to be commenced by inviting the employee to a meeting.

Disciplinary Meetings

Your employer may request you attend a disciplinary meeting to discuss allegations of misconduct or performance concerns. This is a reasonable and lawful directive; however, your employer needs to ensure they follow procedural fairness.  That is the employer should provide you with at least 24 hours’ notice of a disciplinary meeting.

It is important to note that you are not obliged to attend a meeting at a time that is not possible for you. This can be due to sickness, a rostered day off, caring responsibilities, or the meeting being held outside your working hours. If this is the case, you have a right to ask your employer to reschedule the meeting, and suggest another time when you can attend.

I have been asked to attend a meeting in fifteen minutes, what should I do?

While you should be given adequate notice of any disciplinary meeting to discuss your employment, sometimes this does not happen.  If your employer insists that you attend a meeting at short notice, then you should go but only listen to what they have to say and find out as much as possible about why they have called the meeting.  Try not to answer any questions, unless you are very confident about your facts.

If they do not provide you with clear allegations with specific details – you can request this in writing and advise your employer that you will respond in writing. 

Am I entitled to take a support person?

You have the right to take a support person to any meeting with your employer. This can be a friend, or family member or you can request to bring a trusted co-worker but it is important this person does not have a conflict of interest. If you are a union member you can bring a union official. 

If you need an interpreter, then they should either arrange for one, or allow you to bring someone who can interpret for you.

If your employer unreasonably refuses your request to bring a support person, and later terminates your employment, their refusal will be considered in any Unfair Dismissal application you make.

What does a support person do?

A support person is not there to advocate for you, and they are usually not allowed to speak, but they can provide you with valuable moral support and be a witness to what is said and done.  They may be able to speak up if you become very emotional, or to clarify things if you are struggling to understand what your employer is saying, or to convey what you wish to.

It is best to take someone who is able to remain calm, will be confident to speak up if you need a break or other assistance, and can take good notes. It is also helpful if they have a good understanding about workplace rights and will identify if your employer is not doing the right thing.

Can I tell anyone?

Employers will often state in any letter inviting you to a meeting, that you are not to speak to anyone about the content of the letter, and that if you do you may face further disciplinary action up to and including termination. 

There are good reasons to keep the content of disciplinary meetings confidential. It is best to comply with a direction not to discuss the matter with any colleagues, however you cannot be prevented from seeking advice.  You are entitled to speak to your union, a lawyer, or the NTWWC.

What should I do before a meeting?

It can be stressful going to a meeting to discuss your employment, so it is important to be as well prepared as possible.  When you are asked to attend a meeting, you should be told what the meeting is about, when and where to attend, who will be there, whether you can bring a support person and whether there are any relevant documents that will be referred to. Relevant documents might include HR policies, job descriptions, a Code of Conduct, a complaint summary or others. It is okay to ask whether there are any and request a copy.  Read any relevant documents you are given and make notes about any discrepancies or important facts.

You should have clear information from the employer about what the topic for discussion is. If the meeting is in relation to an incident or complaint and you know what they are referring to, write out your version of events as factually, clearly and in as much detail as you can, and take your notes with you.  Your support person can discuss the allegations privately with you.

If the meeting is about your performance, do you know why? Look at your job description and contract to see what is expected of you. Consider whether you have been fulfilling the role as you understand it. Think about whether you have been trained properly, or if there is any support you have asked for and not received.  If you have ideas about what can assist you to improve your performance, write them down and suggest them to your employer.

If you are aware your performance has slipped lately but there is a good reason then you might wish to share that with your employer.  Most employers will be understanding when personal hardship impacts on work, and they may be able to provide additional support while you need it.

If you don’t believe there is anything wrong with your performance, is there any evidence you can present to support that view, such as positive customer or client feedback, sales figures, KPI reports?  Think about it and go prepared.

I’ve had time to prepare, but what should I do at the meeting?

Try not to get emotional during the meeting and remember you can request a break if you feel yourself getting angry or upset.  If you are taking a support person they can take notes and discuss the allegations privately with you. If you become overwhelmed and have trouble responding, a support person can clarify your responses for you. You and your support person may agree on a signal you can use so they can request a break for you.   

Your employer may have someone at the meeting taking minutes, but you can also take your own notes. This is a good job for your support person.  

If you had enough information prior to the meeting to prepare thoroughly, then it can be a good idea to provide a copy of your statement as well as responding verbally at the meeting.  If it is a first meeting, and you only receive detailed information once there, then arrange to provide a thorough written response later (which may be at a second meeting).

At the meeting:

• You are entitled to respond to the allegations raised and your employer must consider your responses when determining the outcome of the meeting;
• Only answer questions if you are sure of your answer. If you have any doubts, say you don’t know and will have to think about it;
• Keep your answers concise and to the point;
• Be factual and only address the allegations raised;
• Be accurate. Don’t be tempted to exaggerate or make things up;
• You can request your employer view CCTV footage if you believe it supports your responses;
• If you employer has mentioned reviewing CCTV footage, you can also request to view this before responding to allegations; 
• Don’t agree with anything that you do not know from your own experience to be true;
• If you need more information before you answer a question, say so and ask for what you need;
• If there are other documents or records that may provide the answer, or evidence of what you are saying, provide or direct your employer to them;
• Don’t be rushed or pressured into saying things you don’t believe or aren’t sure of;
• Ask for a break if you need one, especially if you’re feeling emotional;
• Ask on what basis they are making allegations, and request any evidence they have;
• It is also good to highlight a record of good behaviour or raise any mitigating circumstances which may have led to the incident in question;
• Ask what process they are following, what will happen next, and what the possible consequences for your employment are.

It is in your best interest to cooperate with your employer and participate in the meeting to your best ability; however, you also need to protect yourself.  If the matter has implications outside the workplace, such as criminal charges, then you should seek legal advice before attending a meeting. 

Can I record the meeting?

Modern technology makes it easy to record conversations secretly, but it is not a good idea to do this, and you should always seek permission first if you wish to record a meeting.  Your employer does not have to agree to this.

Although the Surveillance Devices Act (NT) allows parties to a private conversation to record it without permission, if it is to protect their legal interests, it is not advisable.  The Fair Work Commission has found in a number of cases that doing so breaks the necessary ‘mutual trust and confidence’ between an employer and employee, and have declined to order reinstatement or compensation for dismissed workers who have sought to use secret recordings as evidence. 

Some employers will tell you they wish to record the meeting and if they do, you should ask for a copy of the recording and any transcript made of it, or say you would also like to record it.

Do I need to do anything after the meeting?

It is important to ensure there is a shared understanding of what has occurred at a meeting, so it can be a good idea to follow up with an email, outlining what was discussed and what is to happen next.  Many employers will do this and if that is the case then you may not need to - but ensure you reply if you don’t believe their account is accurate, providing your version.

Even if you provided a verbal response to the issue at the meeting, it may be a good idea to also provide it in writing, particularly if you have any concern about your information being considered.  If you did not respond at the meeting, then make sure you provide your response in writing in the agreed timeframe.

If you weren’t given clear information at the meeting about what process is being followed and what the possible consequences are, then follow up requesting that information in writing.

Performance Management 

Each employer has different approach to determining disciplinary outcomes.  It is best practice for an employer to have a clearly defined disciplinary process to ensure both the employer and employee are aware of the processes in place when issues in the workplace emerge.

There are many reasons an employer may wish to speak with you about your performance. If you are invited to a meeting to discuss your performance, don’t panic.  It may be a simple matter of clarifying expectations, or you may be able to allay their concerns by showing that you have been doing your job correctly.

If your employer does have genuine concerns about your ability to do your job, or the standard of your work, then they need to raise them with you.  You should be given clear information about what their expectations are, what their concerns are, and given an opportunity to respond.

You should also be given clear information about what you need to remedy or improve in order to meet the requirements of your role.  You must be given reasonable opportunity to make any changes or improvements, which may involve the employer providing you with additional training or support and allowing you a reasonable time in which to improve.  Sometimes employers will use a Performance Improvement Plan (PIP), which should clearly set out what is required and how your progress will be monitored and assessed, with clear and achievable timeframes. 

A PIP is not a disciplinary action in itself, but failure to meet it may result in disciplinary action, ultimately including termination of employment.  If you are told you need to improve, try to keep an open mind and be proactive.  Engage with the process and actively think about ways to improve your performance, and what you can do to achieve the goals your employer has given.  Identify what support you will need, including training, and make sure that input is on the record.  If your employment is later terminated and your employer has not provided the identified support, that would be a consideration in assessing the fairness of the dismissal. 

Ask your employer for a copy of their policy regarding performance management and ensure they are following it. 

Can I be stood down, what does this mean and for how long?

Your employer may stand you down with pay when they are investigating allegations concerning your performance or conduct. This does not mean your employer has decided to terminate your employment.  The stand-down period typically lasts until the investigation is finalised, and usually finishes when you are delivered with an outcome. It is important that you remain available to attend a disciplinary meeting during this stand-down period. Unless a Modern Award, agreement or your employment contract specifies suspension in certain circumstances, there is no general right for an employer to tell an employee who is ready and willing to attend, not to come to work. However, as long as they continue paying you, and keep the suspension as brief as possible, it is most likely lawful for them to direct you not to attend work while they establish what has happened. 

Suspension should only occur when the employer has a real concern that your presence poses a health and safety or other risk to the business, or you may interfere with witnesses. Depending on the circumstances, it may be appropriate, however if you believe being stood down is unwarranted you can speak to your employer and propose alternatives such as working from home or in a different location.   

Procedural Fairness

Your employer must afford you procedural fairness throughout any investigation or disciplinary process.  Procedural fairness is sometimes referred to as natural justice, although they are not exactly the same thing.  Procedural fairness is one part of natural justice and the courts have described it as being concerned with a fair decision-making process, as opposed to a fair outcome.

What does that mean for me?

The requirement for procedural fairness means that your employer needs to:

• Provide you with all the information they are basing the disciplinary process on.  You are entitled to know the full details of any allegations and the factual basis for those allegations (this does not mean you are entitled to see the complaint or witness statements, often a summary of the information is sufficient);
• Give you the opportunity to respond to the allegations. This could be orally or in writing, but we suggest it is prudent to provide a written response;
• Give you reasonable time to respond. What is reasonable may vary from a day to a month, depending upon the complexity of the issue, whether an urgent decision is essential, and other relevant factors;
• Inform you of the possible decision, the criteria for making that decision, and the information on which any such decision will be based; 
• Only take into account relevant factors;
• Give you adequate notification of the date, time, place of any meeting or interview, so you can prepare; 
• Allow you to bring a support person to meetings or interviews;
• Be aware of language difficulties and consider whether the services of an interpreter are needed;
• Where audio recording is to be used, seek your prior consent;
• Conduct any investigation without unnecessary delay;
• If new information arises during an investigation, which is credible, relevant and significant to their decision making, then you must be given the information and an opportunity to respond to it; 
• Ensure the decision maker makes reasonable inquiries or investigations with an open mind before forming a settled view or making a decision as to the outcome. If the decision maker is not the investigator, they must give proper and genuine consideration to your case and critically assess it, not just rely on a recommendation;
• Ensure that the decision maker and/or the investigator is unbiased. This may mean appointing someone other than the person who would usually have that responsibility. 

External Investigations

The term investigation is used in many different ways. It could be used to describe the process your manager or supervisor has undertaken before meeting to discuss performance concerns, or the process HR have used to put allegations to you and seek your response.  

Sometimes, due to the nature of your employer’s concerns or of a complaint received, or because it is their policy, they will hire an external investigator. 

What should I do?

Being investigated is a stressful time, so look after yourself.  Let your friends and family support you and consider whether talking to a counsellor could be useful; your employer may have an EAP which provides free counselling sessions to employees. 

Any investigator appointed by your employer should be impartial and have no connection to you or the other party/ies.  Ask your employer or the investigator about their qualifications and experience. You can also request a copy of their Terms of Reference (TOR), which should outline clearly the reason for the investigation, the remit (scope) of the investigation, and the report (what the investigator is to deliver – are they just fact finding or providing recommendations - and in what form).  If you have any concerns about the investigator or the TOR, then you can raise that with your employer.

Seek professional advice from your union, the NTWWC or a lawyer, before meeting with an investigator.  It is important to cooperate with an investigation and participate as much as is safely possible.  If you, your advisor or your doctor think it is not safe for you to attend an interview, then you can request their questions in writing, and state that you will answer them in writing to ensure you provide a thorough well-considered response.  It will more likely be accepted if you back that up with a letter from your doctor or psychologist to say you are fit to participate, but not in person.

If you are safe to attend, or if the investigator insists on meeting in person, then you should take a support person.  If they prepare a written statement from the interview, and ask you to sign or otherwise confirm it, then read it very carefully and note any inaccuracies, however small, in writing and provide your corrections. If you are forced to sign it as it is, then you can write something like ‘I haven’t had the chance to check this fully’ or ‘this statement is not a full account of my story’, if necessary.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024

What is mediation?

Mediation is a process in which an impartial person – a mediator – facilitates the resolution to a dispute by promoting a uncoerced agreement by the parties to the dispute. 

Many employers use mediation as a method for employees to reach an understanding of a workplace disagreement. 

What happens in mediation? 

Prior to mediation, the mediator will ask for separate sessions which will enable them to speak to each party privately. The mediator will use this time to assess whether mediation is appropriate by considering whether each party is attending voluntarily and whether they have the capacity to reach an agreement. Note that whatever is said to the mediator remains confidential. 

If the mediation proceeds it will most likely be a “facilitated mediation.” This means that the mediator is not there to give information or make a judgement but to guide the parties through the following process.

1. Welcoming
2. Opening Statements
3. Reflection
4. Agenda setting
5. Exploration
6. Seperate sessions
7. Option negotiation 
8. Agreement
9. Close

Can my employer force me to attend mediation?

Yes. If mediation is a part of a grievance policy, then as the request would follow an internal policy it is considered a “lawful and reasonable direction.” 

When isn’t mediation appropriate?

• If the employer is using it to determine the “truth” of the matter. 
• If the mediator works for the employer as there may be concerns about impartiality. 
• If the parties will not be safe if exposed to the other.  

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024

Most employers allow employees access to the internet during working hours for business purposes. More often than not, staff are allocated a work email address and may even be encouraged to ‘befriend’ the workplace’s social media page. 

What sometimes becomes difficult for employees is the ability to draw the line between professional internet use and personal internet use. Commonly, employers allow reasonable access to email and the internet for personal use. Access to social media sites for personal reasons is less common in the workplace but more employers are understanding that allowing reasonable access to sites such as Facebook is better than blocking the site altogether.

If you are unsure what ‘reasonable’ access is, check with your employer. Your employer may provide you with a verbal explanation as to what she or he considers reasonable, or they may provide you with a written policy on reasonable internet access. If your organisation has a policy, we encourage you to read it.

A guideline to reasonable internet access

In the absence of a written policy regarding email, internet and social media at work, the following guideline may assist you to evaluate your usage at work:

• Reasonable private use of the internet and email is a privilege and such use needs to be balanced in terms of the operational needs of the organisation;
• Your use must be appropriate, lawful, efficient and ethical;
• Be aware of what you are accessing and how long you are accessing sites for personal use;
• Remember inappropriate use may be subject to disciplinary action including termination of employment and/or criminal prosecution;
• Inappropriate use includes transmitting, communicating or accessing pornographic material or sexually explicit images;  
• It is inappropriate, in most workplaces, to transmit, communicate or access any material which may discriminate, harass or vilify colleagues or members of the public because of their race, sexuality, disability, age, pregnancy, religion or marital status for example; 
• Always remember that your email address belongs to your employer and can be accessed at any time if your employer reasonably believes you have breached a policy or the law; and
• Do not allow your internet access to interfere with your expected output. If your work is suffering because of your internet usage, then it is reasonable to expect you are not managing your access properly.

If you are unsure, check with your employer.

Can I be dismissed from work due to my internet access?

Yes, it is possible to be dismissed from your job if you abuse your internet and email privileges. It is for this reason that we encourage workers to clarify what access is permitted at work; remember each workplace is different. 

Facebook, social media ‘stories’ and the workplace

People who share just a little too much information on their social media platforms such as Facebook, Instagram or Snapchat may end up in ‘hot water’ with their employer especially if they provide details or imagery about their workplace, business or colleagues. 

Quick tips for Facebook users

• Do not make any negative or personal statements on your Facebook page about the workplace or colleagues.
• Do not breach your employer’s confidentiality by writing about your work without your employer’s permission.
• Remember that even posts made anonymously may breach your employer’s policies or expectations and lawfully result in disciplinary action if you are identified.
• Do not post statements such as ‘having a great day at the beach’ when you have called in sick to work.
• Your uniform identifies your employer. Think twice about posting images or videos on social media whilst wearing your employer’s uniform including badges, security passes and lanyards. Many employers have an alcohol policy and a simple ‘after work drinks’ post may have serious ramifications on your employment. 
• Think seriously before accepting a ‘friend request’ from a colleague or manager. Ask yourself - is it appropriate for your colleagues to have access to your private photos, friends and personal life?

Tips for the worker and the workplace

• Find out if your employer has a policy on social media. If not, encourage them to develop one. This might help you, as an employee,  to understand your own rights and responsibilities in the future.
• It's not enough for a workplace to have policies which are not accessible to staff. Encourage your employer to provide professional development such as training or discussion in team meetings about the issue. 
• Be involved in policy creation regarding social media issues. This process will help employees comprehend the policies and will also likely foster staff buy-in. Policies should be clear and specific. Policies should include rationales, legal support and commentary with examples.
• Be aware of the consequences for violations in policies.
• Ensure that the implementation of policies is non-discriminatory. That is, the same policies should apply to managers and other staff alike.
• Encourage your employer to amend policies as the law evolves. 

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

Everyone has the right to join a union or employee association. You don’t need your employer’s permission to join and you don’t have to tell your employer that you belong to a union if you don’t wish to. It is illegal for your employer to prevent you from joining a union or to discriminate against you because you are a member. Equally, nobody can force you to join a union or employee association and it is unlawful to discriminate against you because you are not a member. This means you cannot be sacked, refused employment, be passed over for promotion or training opportunities, or be given less access to overtime and favourable shifts, simply because you are or are not a union member.

Unions or employee associations may be able to help you: 

• Understand exactly what you are entitled to in your job;
• Get ‘back pay’ if you have been underpaid;
• Support you if you have been treated unfairly;
• Achieve pay increases and other improvements by assisting in negotiations with your employer;
• Negotiate an Enterprise Agreement with your employer;
• Get access to training and a career path by talking to your employer for you;
• Assist with legal action against your employer; and
• Get training on matters such as workers’ compensation, health and safety and being a union representative.

Where can I get more help?

NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 

Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au

NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au

Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au

Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au

Fair Work Commission, Ph: 1300 799 675, fwc.gov.au

NT Police, Ph: (emergency) 000. If calling from a mobile: 112

Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au

NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au

Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.

Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au

To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.

What is mental health?

Mental health is about how we think, feel, and behave. It includes our emotional, psychological, and social wellbeing. Good mental health helps us cope with stress, work productively, and make meaningful contributions to our community.

Why is mental health in the workplace important?

Mental health in the workplace is crucial for employee well-being, productivity, and overall success. Challenges like work-related stress, bullying, and unrealistic deadlines can impact mental health. Creating a supportive work environment is essential for promoting mental well-being.

What causes poor mental health at work?

• Work-related stress and pressure;
• Poor work-life balance;
• Bullying and harassment;
• Discrimination;
• Unclear job expectations;
• High job demands;
• Lack of support from colleagues and managers.

Certain behaviours at work can negatively affect your mental health are known as psychosocial hazards. These hazards can also result in physical harm. Employees can report these hazards to NT Work Safe.

What if my Mental Health impacts me at work?

Mental health can impact employees in different ways. It is important that Employers do not assume how a diagnosis may impact their employees.

If you require a reasonable adjustment to your work you can negotiate directly with your employer. For more information see Factsheet Eighteen Negotiating with your Employer. 

Mental health conditions and their impacts may fluctuate so if supports are needed, they will need to be reviewed regularly. 

Additionally, under the National Employment Standards, employees with a disability can request flexible working arrangements. See Factsheet Four Flexible Working Arrangements for more information. 

Where can I go for counselling? 

Remember, seeking help is a sign of strength, and it’s essential to prioritise your mental health in the workplace. If you have any specific questions or need more information or assistance, please see the below:

Many workplaces offer an Employee Assistance Program (EAP) services that provide confidential counselling and support for employees facing mental health challenges.

Your General Practitioner (GP) can provide you with a diagnosis and the appropriate referral. They are also able to create a mental health care plan if you are eligible for Medicare.

Otherwise, you can access free 24/7 phone counselling services.

• Lifeline 13 11 14
• Beyond Blue 1300 224 636
• Suicide Call Back Service 1300 659 467
• 13 YARN 13 92 76 (for Aboriginal or Torres Strait Islander Peoples)
• Qlife 1800 184 527 (for LGBTQIA+ support) (3PM – Midnight)

Where can I get more help?

• NT Working Women’s Centre, Ph: 1800 817 055, www.ntwwc.com.au 
• Your Union, Unions NT, Ph: 8941 0001, www.unionsnt.com.au
• NT Anti-Discrimination Commission, Ph: 1800 813 846, adc.nt.gov.au
• Australian Human Rights Commission, Ph: 1300 656 419, www.humanrights.gov.au
• Fair Work Ombudsman, Ph: 13 13 94, www.fairwork.gov.au
• Fair Work Commission, Ph: 1300 799 675, fwc.gov.au
• NT Police, Ph: (emergency) 000. If calling from a mobile: 112
• Office of the Commissioner of Public Employment (OCPE), Ph: 8999 4129, www.ocpe.nt.gov.au
• NT WorkSafe, Ph: 1800 019 115, www.worksafe.nt.gov.au
• Your HR Department - Check grievance procedures in the workplace. This will tell you who to complain to and how to do it.
• Aboriginal Interpreter Service (AIS), Ph: 1800 334 944, www.ais.nt.gov.au
• To access an interpreter - Interpreting and Translating Service NT, Ph: 1800 676 254, www.itsnt.nt.gov.au/

The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication.  NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication.  This Factsheet is not intended as a substitute for legal advice.  Please seek advice for further information about your situation.  August 2024.