Your client's rights at work after a disaster (NSW)

What is this resource?

This resource is designed to support community workers and volunteers connect people in disaster affected communities with legal help. It will help you identify when someone you’re helping is facing a legal problem related to work and employment and where to refer them for appropriate legal support. We refer to community members you’re helping as your ‘client’ throughout this resource.

This resource provides:

• links to legal information resources that you can provide to your client
• information on how to make a referral for legal help

Your client’s rights and entitlements at work after a disaster

During a disaster or emergency, you or your client may need to take time off work because you are sick or injured, to care for your family, or to assist with disaster relief activities. Your or your client’s workplace might also be affected by the disaster.

The Disaster Response Legal Service has created a resource for private sector employees in NSW which summarises the different types of leave you or your client may be entitled to take during a disaster or emergency and answers some frequently asked questions about work and disasters. Read the resource for more information: https://www.legalaid.nsw.gov.au/ways-to-get-help/publications-and-resources/your-workplace-rights-during-natural-disasters-and-emergencies.

You can also visit the Fair Work Ombudsman website to find out more: https://www.fairwork.gov.au/tools-and-resources/fact-sheets/rights-and-obligations/employment-entitlements-during-natural-disasters-and-emergencies.

Disputes with employers after a disaster

If your client is facing a problem related to their work after a disaster, it might be a legal problem. Justice Connect has created a series of resources that explain what someone can do if they are in a dispute with their employer, including:

• Can I pursue an employer for payment if they are no longer trading? – Justice Connect
• Can I pursue a deregistered employer for payment? – Justice Connect
• How to take an unlawful termination claim to court – Justice Connect
• How to make a general protections claim – Justice Connect
• How to claim unpaid wages or entitlements over $20,000 – Justice Connect
• How to make a small claim under $20,000 – Justice Connect

Refer your client for free legal help

LawAccess NSW

LawAccess is a free government service that provides legal information and referrals, including to Legal Aid NSW, for people with a legal problem in NSW.

See their website for more information on how they can help: https://www.legalaid.nsw.gov.au/.

Fair Work Ombudsman

Fair Work Ombudsman can provide information about Awards, rates of pay, overtime, breaks and other entitlements.

Call on 131 394 or visit their website for more information: http://www.fairwork.gov.au/.

Justice Connect

Justice Connect can provide free legal advice and ongoing representation in certain matters to eligible individuals, small business owners and primary producers affected by disasters like floods, bushfires, cyclones and other extreme weather events. We may be able to match your client with free legal assistance to help with disputes or to assist them better understand their legal rights and obligations.

Refer someone to Justice Connect: https://justiceconnect.org.au/refer/.