The new forums will be named Coin Return (based on the most recent vote)! You can check on the status and timeline of the transition to the new forums here.
The Guiding Principles and New Rules document is now in effect.
Legal question with work
mooshoepork
Registered User regular
Registered User regular
Hey, first off, I'll just say this in Australia, Victoria, if it matters.
I have a question for a few of you budding lawyers here. Basically, last night me and a few friends went to a pub but got told to leave, because my friend works at the local bottle shop down the road, and it is owned by the same manager. He is on his own time, not in uniform or anything, on a Friday night. Apparently they told him he isn't allowed to be seen drinking in that area, go to pubs in that area, or even play the pokies. If he does, he gets fired.
Personally, this raised a red flag for me and sounded like a load of shit. Is it? Is there anything he can do about this?
I have a question for a few of you budding lawyers here. Basically, last night me and a few friends went to a pub but got told to leave, because my friend works at the local bottle shop down the road, and it is owned by the same manager. He is on his own time, not in uniform or anything, on a Friday night. Apparently they told him he isn't allowed to be seen drinking in that area, go to pubs in that area, or even play the pokies. If he does, he gets fired.
Personally, this raised a red flag for me and sounded like a load of shit. Is it? Is there anything he can do about this?
mooshoepork on
0
Posts
Does Australia have similar laws to the US, where employment is "at will" of the employer?
In the US, every job I have ever had I have had to sign a document stating that I can be fired "at will" and similarly have the right to quit "at will"
The only thing that the law protects is a firing (or demotion or something) based on race, religion, physical disability, etc.
At least in the US, the above statement - "If I see you drinking or gambling near our establishment you will be fired" would be completely legal.
...but I'm no expert on Australian law.
There are some jobs where you sign a contract stating you won't do certain things - I know you can't work as a croupier and still go into the casinos owned by your employer, for instance, because its presumed you know all the tricks and will have an unfair advantage. If your mate didn't sign something like that when he started the job, its a bullshit command. He can quit, or go to his union if he's a member. Not sure about fighting the command, but he should go to http://www.workplace.gov.au/workplace/ and do some reading, I think. The Workplace Ombudsman might be useful too.