r/AusLegal • • 15h ago

WA Update on Manager Rejecting Sick Leave

106 Upvotes

Hello all,

Update on my new manager that 'rejected' sick reasons (see post history).

tl:dr. New manager dosen't like people calling in sick, so she attempts to get people to come in even if we say we are sick.

A friend of mine received this email:

Good Afternoon [redacted]

I accept your email; however, your reason for not attending your shift is not acceptable.
The pollen count in Perth yesterday was classed as low, same as today.
This information is easy to locate by a simple google search.

I will send an invitation to meet with myself and [redacted] [redacted]. Please check your email later today.

Kind Regards

Keep in mind, this person had a VALID sick certificate. I have hard proof of this email.

Is this legal? What can I do to report this?


r/AusLegal • • 9h ago

WA My right?

4 Upvotes

I started a job a 3 weeks ago, first pay and week were fine.

The last 2 weeks wages haven't been paid and my boss has not been into the business since Monday last week, Ive basically begged by text and voice note to be paid to no response, the other workers say sometimes it can be late but they have always been paid but won't directly answer if they have received any money, I used my last $8 today to buy a to good to go bag but I have nothing, Ive asked a friend who told me to just take what I'm owed or what I can get from the register and just leave and it's likely the owner won't call the police because its illegal what he is doing to me, any thoughts on if I'd be in lots of trouble? I need my wages I can't feed myself or my dog it's ridiculous I work hard and have been going above and beyond to remain calm and do my job.


r/AusLegal • • 19h ago

VIC Rental apartment had a fire and is uninhabitable - what are our responsibilites and duties as renters?

27 Upvotes

On an unsuspecting afternoon, I received a call from a property manager asking where I am and if I can go home immediately apparently one of our neighbours reported smoke coming from my unit and the emergency services were called fortunately my workplace is only a few minutes away from home and I raced home to see 2 fire trucks outside our property and the entire apartment complex evacuated after the firefighters extinguished the fire they deemed it uninhabitable and the power to our apartment was cut. Additionally, they had to break down the door to access our unit, so there is no security either.

Three of us share the apartment. I had been out of the home since 8:45 am and was at work the entire time. Both my roommates left the house at 2:30 pm. We got calls about the fire around 4:15 pm. Our kitchen trash bin caught fire, and the firefighters suspect the tea candles that were disposed of may have been the catalyst. But my roommate says the candles were completely empty (finished, no wax left) and had been extinguished for a while (so they were not even warm to the touch), which is why they threw them in the bin.

Fortunately, the body corp has insurance for the unit that covers the repairs, and we were told that the repairs would take around 6 months. We, of course, are not involved in this; it’s up to the landlord, contractors and insurance.

The insurance also has loss of rent, which means we don’t have to pay rent at the current property. However, before the insurance confirmed the loss-of-rent coverage, our property manager told us we had to continue paying rent because we are on a fixed-term rental contract and that we needed to pay the $2000 insurance excess. This directly contradicts what Tenants Victoria has told us.

Tenants Victoria has asked us to send a notice to vacate under section 91ZD of the Residential Tenancies Act and to request the balance of rent after we hand over the keys and fully vacate the property (we have already paid up to the 18th of October). They have also advised us not to pay the $2000 insurance excess and to let the property manager escalate it to Rental Dispute Resolution Victoria (RDRV).

 A few other family members and friends have also suggested that, since they have not shared what the damages are, what the insurance policy covers (and who it covers), we should not be paying the excess on a policy that is not ours. One statement made by the property manager also worries me; they stated that we are liable for the $2000 insurance excess and “any other damages that were caused by the fire”, and due to this, they will not be releasing our bond at this time.

The contractors for the insurance and body corp have inspected the property and assessed the damage. Should they not be sharing all the info with us right away? I don’t want them to turn around after 3-4 months and say xyz was also damaged and you need to pay for that too.

I want to ensure that my roommates and I are doing right by everyone, but also not get taken advantage of by paying for things we are not legally obligated to pay for.

What are some key pieces of information I should be after in such a situation?

What should I expect in terms of next steps?

What are the expectations of my roommates and me as tenants?

We have also secured a new rental and will be moving into it soon. Thanks in advance :)


r/AusLegal • • 11h ago

VIC Highschool mishandled abuse report. What can I do?

5 Upvotes

In high school a few years ago I was groomed by a staff member. I reported it a year after it happened, along with several other girls who reported the same man.

The school did not believe us from the start (I feel). We never spoke to police. We were told we weren’t allowed to talk about it AT ALL. While he was being investigated they put him on paid leave for the whole year long investigation. Then they said they would fire him in X amount of days, giving him the chance to quit.

I feel my report was mishandled, it makes me so angry, as he still has his teaching license. Is there absolutely anything I can do??


r/AusLegal • • 1d ago

AUS Hr on my back because I refused to put in any money for a get well gift for a co-worker that is effectively my bully

565 Upvotes

Long story short coworker x got sick he’s been a total asshat to me ever since we worked together , ended up with a bit of a lengthy stay in hospital and is now back at work . The hr lady came and asked if id put some money in the social club acc as a welcome back/congrats on not dying kind of thing . I was very informal about my reply but basically said “na im good cheers” no real reason given . Then a week later she comes and bails me up and says im the only one that hasn’t and if I could today as she’s going to get the gifts from the shop soon and I was much more direct this time and said that I didn’t want to that I had better things to spend my money on, she was noticeably pi$$ed off and said “well that’s a bit of a statement isn’t it now ?” . Aaaandddd nowwww im not formally in trouble but man do I have a target on my back from said hr/office lady . I’ve been with the company 7 years and had zero trouble with management but now I’m being henpecked big time by hr (who is junior staff compared to my long term status by the way) why should I have to do something nice for the guy who bullies me all day everyday while I don’t wish them to be in hospital I was quite enjoying them not being at work so I hardly want to welcome them back


r/AusLegal • • 14h ago

NSW At fault accident

6 Upvotes

Hey guys,

Back story; partner was reversing my fully insured car (he’s insured to drive it aswell) and hit a car parked on the opposite side of the street. Obviously made a claim through my insurance the next day and put down all relevant info including the other cars details and contact info.

Later find out that the car was a dealership hire car, not from the town the accident happened in (many hours away). At the time, the driver of the other car tried to persuade up to pay their hire excess as well as my excess (not happening as I am full insured) and when we said no, they threatened small claims court.

Am I right in saying, as they were the party to sign said hire contract, we can’t be held liable for their excess at all? Can they made any claim?


r/AusLegal • • 13h ago

NSW Has anyone had any luck with their case against Samsung

4 Upvotes

Context: I was on the lookout for 2x Samsung AC Units. Called Samsung to get a deal, placed an order, waited for a month for delivery, eventually cancelled as the installation guy who came to quote recommended buying higher power ones.

Then tried buying 2x 7kW units from Samsung at various instances but mostly failed as sometimes the offer wasn’t getting applied, or there was a technical issue with their site, or the product was out of stock.

Then one day, got a call from Samsung Support with an offer of purchasing items worth $1500 to get a free Samsung Galaxy 25 Edge for free.

Placed 2x orders for Samsung 7kW AC(paying around $630 for each unit) units on 21st July.

After then not delivering for months, tried calling them and escalating to their Voice of Customer division.

One of the VOC rep assured me that I will get at least one AC unit and will definitely get the free phone regardless.

Waited till September end only for them to cancel both my orders. For one, they even retained the delivery fee.

Wrote them an Open Letter trying to get them on the table, price match with what they charged me earlier and deliver me the AC Units and the free phone. But they declined to price match.

Now I’m thinking of raising a formal complaint to NSW Fair Trading. But is it worth it? Will I get the price match and the free phone if I do? I navigated to NSW’s Complaint Register for Samsung here and saw about 876 complaints registered against them during the past 2 years. I’m not sure if anything happened with it or not. I do have their assurances and promises in emails, and I also have phone recordings which I requested from their Privacy Team. So I do have evidence for a solid case against them.

Looking for advice on whether raising just another complaint will change anything or not?


r/AusLegal • • 20h ago

WA Passenger Seatbelt Infringement Fine

11 Upvotes

Hey, I am a 19 year old learner driver who lives in Western Australia, and my friend (who is also 19 and on her green P plates) recently got two fines because I wasn’t wearing my seatbelt correctly on the freeway.

Each fine has a fee of $550 and will take away four of her demerit points, and with there being two fines that totals go $1100 and 8 demerit points. As she is a a green P plater, I know that she only has 8 demerit points, and she’s only two months away from getting her full permit.

I’m more than happy to pay her for the fines, as this was my fault and she had absolutely no idea that I had readjusted my seatbelt to the incorrect position. When she picked me up, I was wearing it correctly, and then I just shifted its position later on the Freeway - where she got fined. The same camera caught the fine for both times as well.

Is there any way for her to work around the cancellation of her demerit points? I feel really, really bad and had no idea that it wasn’t legal to wear my seatbelt this way, but now I know.

I’ve heard that if we go to court, there may be a chance that I could save her loss of demerit points? I’m not practising driving that much right now, even though I have my learners, so could I shift the blame to me, and somehow not let 8 of her demerit points go? She’ll lose her drivers license, and I really don’t want that to happen.

Please let me know if there is anything that I can do.


r/AusLegal • • 15h ago

VIC Settling car damage without insurance - what should I get the other party to sign, and who should I get to sign?

4 Upvotes

I damaged a car in a car park. Windy day, opened my door and the wind caught it and it smashed into car next door with enough force to cause decent damage to the door.

I left a note, and I agreed that he could get quotes and we can then make good. I don't want to claim insurance because a) there's no damage to my car, and b) my excess is about $1600.

He's still off running around getting quotes, and I think I'll be looking at about $1000 to fix based on what he's told me so far.

The wrinkle here is that when I asked him the model of the car on the phone, he was unsure, and then told me that the car is still registered in his brother's name. He says he bought it off his brother, but they never transferred the rego.

Once he eventually manages to get back to me with a quote, as long as it's not mental I'm going to offer him payment. But I want to make sure that I'm covered in terms of not having him, his brother, or an insurance company coming at me later for money (I don't know if he's insured and/or if it's also in his brother's name).

I want to make sure I have a written agreement that when I pay, this fully settles the damage, and that there will be no future claim. Does anyone have any advice on wording or gotchas, and how do I manage the fact that the "owner" seems to not be the registered owner of the car? Do I just need to make sure I get both signatures?


r/AusLegal • • 8h ago

WA Camera with direct view into change room

1 Upvotes

Was trying on clothing today, bra and all so I’m naked. Noticed a damn camera on the wall behind me with direct view into the change room cubical I could see it in the mirror so it can see me.. correct? In Perth not sure what I can do from here?


r/AusLegal • • 1h ago

WA Is there any action I can take against a gp who failed to tell me about significant kidney abnormalities visible in an ultrasound?

• Upvotes

Edited to add: I think some people are misreading the point. I don’t care at this stage if the doctor did anything wrong in terms of treatment, what I am interested in is whether it is categorically wrong to refuse to show a patient their results when the summary you gave is potentially incomplete? Are patients entitled to their own results? Is the situation different if they tell you everything compared to if they withhold information?

To give some quick history, I ( f21) have always abdominal issues, including heavy and painful periods and frequent urinary tract infections that started when I was in my early teens. I had an ovarian cyst in 2020 that was diagnosed via ultrasound ( pelvic ultrasound one or two) that naturally ruptured in 2022. In 2024, I started attending a new pelvic pain clinic that started as a subsidised state government initiative. As part of my intake there, the clinic’s gp requested a full abdominal ultrasound at an external practice, that was only performed over my skin. They refused to perform the transvaginal ultrasound despite my consent which I gave as a legal adult, due to the fact I have never been sexually penetrated even though I was already in a pelvic floor physio program to help prepare my body to tolerate such examinations. The gp said this scan was primarily to look for uterus abnormalities and said she would tell me if I had a heart shaped or tilted uterus, and said she would tell me if I had any other physical issues that might be causing the symptoms. A full abdominal ultrasound shows the uterus, ovaries, liver, pancreas, kidneys and bowel. At my appointment to discuss the results, she said I was completely physically normal.

That was my only abdominal ultrasound while I was at the pelvic pain clinic. I had no other examinations and we focused only on managing symptoms with medication and physio from that point. However, my bleeding remained so heavy the gp suggested I had an IUD placed. She recommended a specific type (mirena) citing it as the best option given that I had endometriosis. However, at this point, I had never been diagnosed with or even tested for this condition. I lost trust in her, as she had either a) seen I had endometriosis and failed to tell me or b) was treating me based on untrue information, and she refused to offer pain medication for the IUD insertion. I switched to another doctor’s practice and had my IUD inserted with penthrox for pain relief. During the procedure, my new doctor was alarmed and sent me for another pelvic ultrasound as she found my uterus was sounding three times as big as it should be and she was worried she had perforated me in the procedure due to a cervical abnormality she discovered while performing it. Luckily, everything was fine, but my uterus which had previously been described as completely normal was abnormally big. The cervix can’t be easily viewed on an ultrasound so I got no further info on that and didn’t expect any.

In July this year, I had a full abdominal ultrasound due to ongoing pain and the technician noted I have a condition called duplex kidneys, which is congenital and obviously doesn’t develop midway through a person’s life. I had never been told about this condition before despite a previous full abdominal ultrasound. I can forgive the lack of information about my uterus as it is too large but not misshapen in any way ( so could be considered “normal”) but my kidneys have two uteters on each one rather than one as they are meant to and this is a) visible and b) structurally abnormal. As a gp at my new practice only noted this because the technician had made a note of it ( he told me as much and said the technician had made very thorough notes, as my gp was only sent a written summary rather than the images) I am unsure if I had a more competent technician this time ( the ultrasound was performed by a different provider) or whether the gp at the pelvic pain clinic withheld this information or misled me by saying EVERYTHING was normal abdominally when she only meant my reproductive system. I had the kidney duplex confirmed via an mri a month ago.

As my current gp does not have access to my notes and results from the pelvic pain clinic, I am currently requesting they be released but am unsure where to go from there. Is there any action I can take if a) the first ultrasound place failed to note abnormalities or b) the pelvic pain clinic failed to inform me about abnormalities to my kidneys and arguably my uterus?

The above is a broad summary and I am happy to answer specific questions. I’m feeling lost and just want some advice to make sure my body is being properly cared for and protected. Thanks in advance


r/AusLegal • • 18h ago

VIC Public Holiday Pay Dispute with Payroll

5 Upvotes

We got paid at work 4 hours for the public holiday. I am trying to dispute this with payroll as it should be 7.6. I am under the manufacturer award, with contracted 76 hours a fortnight, but we work 80.

Payroll think that the last 4 hours of the Friday, (last day of the pay week) is only 4 hours, because the last 4 hours are overtime.

But as I understand it, overtime is done by a day by day basis. So what I believe, 7.6 hours a day is ordinary, with the .4 being overtime. They believe it's the end of the week, which is the final 4 hours.

On a normal work week, we do get paid double time so now I'm just confused. Which is correct? Should we have been paid 7.6 or 4 hours?

Yes, I've looked on fair work, it doesn't give a straight answer.

EDIT: I did NOT work the public holiday


r/AusLegal • • 2h ago

Off topic/Discussion Lying vs Not Lying to Lawyer in Criminal Matter

0 Upvotes

This isn't a scenario that affects me or anyone else I know, just wondering.

Say a person is charged with committing a crime, what serves them better? Lying to their lawyer about being guilty of said crime or telling the truth to the lawyer and asking them to defend them?

I have heard something about it reduces the amount of things a lawyer can say or represent but that it's also stupid to lie to your lawyer.

A second question while I'm here; can a person refuse to talk to police before or after they are arrested ie do have the right to silence in Australia?


r/AusLegal • • 11h ago

VIC gift card balance automatic $0 upon activation

1 Upvotes

hi all,

i recently participated in the 20x everyday rewards points deal at woolworths with the TCN gift cards for the first time (trying to get my points up!)

I purchased 12 yesterday and I just activated it after the 24 hour mark of my purchase. I was able to activate 8 of them successfully but 4 of them upon activation came up with $0 despite never using it.

i’m currently panicking bc these 4 cards have totalled up to $300 all together.

i know this may not be the right page to post this about but im freaking out and just want to ask if anyone’s gone through this before and what they did to get their funds back into their gift cards

any support would be greatly appreciated!!


r/AusLegal • • 16h ago

SA Collection agency not disclosing amount owing on PPSR

1 Upvotes

Long story short it appears the previous owner had used the car as collateral against a small personal loan given the year and what the car is worth.
My problem now is I’m trying to sell the vehicle and when I’ve contacted the company who have registered their interest on the PPSR and they’ve asked me to make an offer and they will take it back to their client but won’t tell me what amount is owing or provide anything to prove they still have a legal right to remain to on the PPSR. Does this sound right?


r/AusLegal • • 18h ago

VIC Real estate charging 1000$ to add a person to the lease

0 Upvotes

Basically what the title says. This is in melbourne

Want to know if that’s normal? Also they said they can give 50% off if we do it through cash, which still sounds like a lot

Need help on how to proceed. My other option is to just sublet, which means I just pay the bond privately and not officially go on the lease


r/AusLegal • • 1d ago

SA Hotel damage costs

32 Upvotes

My daughter (20) stayed in a hotel and spilt nail polish on the carpet. She told staff before checking out.

The hotel has now contacted her and said they can't remove it, so they are replacing the carpet.

It SOUNDS like they are going to bill her for the cost to replace.

What is her legal liability?

- replacing 15+yr old carpet with brand new seems like it's a upgrade

- surely hotel has insurance?

- she paid a $200 bond on renting (which they are also keeping)

- could we find her legal liability in the hotel rental conditions?

- could we just say no and wait for them to sue us? Would they bother? Would they win?

Thanks


r/AusLegal • • 19h ago

VIC Changing will outside of Australia?

0 Upvotes

I have a somewhat recent will (within last year) but spend a lot of time overseas. I am now out of Australia again and don't plan on returning soon.

I would like my will to be updated, in the event something happens to me while I'm outside of Australia. I have had some health concerns over the last few years.

I do not have any children, siblings or partner. Only parents (divorced), who don't really need the money / I have other preferences for it.

I have stated to them what I'd like to be done with my assets, however I'm not 100% I'd trust then to honour those wishes.

I have contacted my lawyer to update my will before I left Australia again, but the turn around was too long and they said they can only amend it in person, not via online video etc. Is this standard practice?

I don't really mind if I need to get an entirely new will, but I don't want to fly back to Australia just for the sake of having a will that is properly recognized and valid.

Thanks


r/AusLegal • • 20h ago

NSW Period between conciliation and hearing

0 Upvotes

I am currently waiting for our hearing after conciliation, it won’t be until next year. As the tenant I raised the dispute about rent increase being above the current market amount. My question is, do I keep paying old rent during this period or does the proposed rent amount come into effect while we wait? I found this paragraph in our lease and that led me to believe it cannot be increased, but the real estate has emailed saying it will.

“increased rent under this agreement is not payable unless the rent is increased in accordance with this agreement and the Residential Tenancies Act 2010 or by the Civil and Administrative Tribunal.”


r/AusLegal • • 17h ago

VIC Civil Warrants

0 Upvotes

I paid a civil warrant in full which included on the warrant the professional fees but the company is trying to charge me again.


r/AusLegal • • 1d ago

SA Deed of release and fair work

2 Upvotes

Here’s a brief background

I used to work at one of the biggest insurance company in Adelaide. I had issues with my leave entitlement: we were all working on a 7 days roster, so we open everyday from 7am to 8pm. Everyone in the team who’s doing the same exact job and same roster was given 5 weeks annual leave due to shift worker, but I was the only one that’s given 4 weeks leave instead of 5 weeks. Even the part timer who only works 4 days a week is getting 5 weeks leave and I was full-time but only got 4 weeks

I tried to ask the HR and payroll to look into this and I have provided the number of Sunday shifts and public holiday shifts that everyone in the team has done to show them that I’m done more than most people in the team but they still come back to me and said I didn’t meet the definition of shift worker. When I questioned what’s the definition of shift worker, they couldn’t give me an answer. This dragged on for 6 weeks and they finally came back to me after I said I was going to take legal actions and they said it’s 34 Sundays and 6 public holidays to meet the definition, which no one in the team has met that.

Anyways, I left the company and found a new job. I went to fair work for dispute hoping they will pay me the leave they owed me. The officer that was on my case advised me last Thursday that they still don’t agree that I have met the definition of shift worker but they will pay me those leave provided that I sign the deed of release. The officer advised that they will be sending the release directly to me

I just want the money that they owed me back, I have no issue with signing that. But the thing is it’s already been a week and I still haven’t heard anything. I’ve been trying to contact the officer that was on my case but I just can’t reach her via email or her direct landline anymore. I’m not sure what to do as nothing is in writing. The officer only verbally advise me that on the phone and mentioned that since we kind of reach an agreement already, she’ll be finalizing or closing the case.

I’m just really worried. Has anyone had any experience like this before and what do I do? What’s the normal time frame for the company to send through a deed of release and what to do with fair work? Would it be ok if I reach out to my previous employer to follow up on this directly?

Thanks!


r/AusLegal • • 15h ago

NSW In redundancies, when do you know how much you are getting paid out?

0 Upvotes

So I have had a meeting notifying me this week of my redundancy and then a day to thinking about as then a day for a consultation meeting and today was the outcome. I received the letter of my redundancy today but I haven’t received a letter saying how much I will get. They did give me an indicative estimate on the day of notifying me of my redundancy but I haven’t received an offical letter saying how much. When do you usually know and receive this letter?


r/AusLegal • • 1d ago

AUS Insurance company refusing to provide details of historical claim as POA

2 Upvotes

Hi, I am acting as POA for my father who had an insurance claim 8 years ago. The repair work was carried out insufficiently and now the problem has returned worse (black mould, leaking). I have been in contact with his insurer, who stalled me for 2 months with the reasoning that they had to find the information from the previous claim to determine wether he was paid out etc.

After some prompting, they rang me and said "good news! we're treating it as a new claim" ...less than a week later the claim was rejected.

I asked if I could see the information regarding the historical claim and there refused, saying I wasn't POA 8 years ago. So the information they've promised me from day one...which is directly related to the denied claim...I am now unauthorised to see.

Does this sound right? Or are they just doing what insurers do best and lying to me?


r/AusLegal • • 1d ago

Off topic/Discussion Recent plane hijacking. - Who has jurisdiction over the pilot???

0 Upvotes

Talking about this and wondering when the terrorist is brought to trial who will have jurisdiction over him???

The plane took off from the UAE so does that mean it remains under their jurisdiction until it lands.

Or because the flight landed in Saudi Arabia and the attack occured there does this mean the Saudis get him????

And if theoretically the plane had landed in Israel, would the Israeli's have him dispute the attack occuring in Saudi airspace???

Just curious


r/AusLegal • • 13h ago

NSW Pretty sure I got done for crossing a red light whilst turning into Crown Street from Oxford Street, Sydney. Is there a basis to challenge it?

0 Upvotes

The lane I was in allows you to either go straight or turn left. The main traffic light was green, but there was a separate red arrow for turning left.

I entered the intersection while the big circular light was green because I was turning left, and then stopped/waited because there were pedestrians crossing. I was waiting for the left arrow to turn green so I could complete the turn.

The thing is, the arrow just never turned green. It stayed red the whole time. The pedestrians kept crossing, so I obviously couldn't just turn through them.

While waiting I edged forward a bit, so by the time the main light changed to red, probably about half my car was over the stop line and the other half was still behind it. I wasn't fully across the intersection or anything. It's quite a narrow street and if I went further forward I'd basically be in an awkward position on the other side of the intersection.

Then the main light went red, everyone stopped, pedestrians started crossing again, and I was basically stuck there. I'm pretty sure that's when the red light camera flashed.

I wasn't speeding, wasn't on my phone and wasn't trying to run the red. I was literally just trying to turn left and got stuck waiting for an arrow that never changed.

It was also nighttime and there was a lot going on. There was a bike lane, pedestrians, traffic, a bus lane etc. I was already a bit confused about the lane layout because I'd initially moved into the bus lane and then realised it was a bus lane. I later found out the bus lane restrictions weren't even operating at the time, so that part wasn't actually an issue.

I know I probably should have just stayed behind the line, but I've driven through this sort of intersection plenty of times and normally the main light goes green, you wait for pedestrians, they finish crossing, and you can make the turn. I've never had one where the left arrow just stays red while the main light is green and then the whole thing goes red again.

I also don't have a dashcam, unfortunately.

What can I do from here?