Hi there. A business or organisation that employs people has the right to manage the performance of its workers. If there is an allegation of underperformance or serious misconduct, the employer can investigate the matter and take whatever disciplinary action it deems appropriate, provided it complies with Australia’s workplace laws. The law does not specify the method of investigation or time limits in the event of underperformance or misconduct.

In your situation, it is not clear whether you are still employed by the organisation or whether your employment has been officially terminated. If you are still employed, your employer may be acting unlawfully by suspending you without pay. The law says that, generally speaking, a worker cannot be suspended without pay for misconduct or wrongdoing. However, because you are a casual worker, you may not be entitled to the same rights. Speaking to an employment lawyer will help you understand your legal rights.

If your employment has been officially terminated, you may have the rightto lodge an “unfair dismissal” claim if your termination of employment was harsh, unjust or unreasonable. However, you will only be eligible to bring this claim within 21 days of the official end of your employment and if you were a casual employee who worked regular hours. Casual employees who work irregular hours are generally not entitled to lodge an unfair dismissal claim.

Suggested way forward

For more information on your workplace rights, you should visit the Fair Work Ombudsman website (www.fairwork.gov.au). You should also consider speaking to an employment lawyer who can fully assess your situation and advise you of your options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.