What are my rights at work after a disaster? (NSW)

What is this resource?

This resource is designed to support people in New South Wales who have been impacted by a disaster find legal information online and connect with appropriate services. It will help you identify if you are dealing with a legal problem related to work and employment and understand how to make an application for legal help.

This resource provides:

• links to legal information resources
• information on how to make a referral for legal help

Your rights and entitlements at work after a disaster

During a disaster or emergency, you 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 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 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 you are facing a problem related to your work after a disaster, it might be a legal problem. Justice Connect has created a series of resources that explain what you can do if they are in a dispute with your 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

Where to get 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 assists eligible individuals, small businesses, community organisations and farms and other primary producers who have been impacted by natural disasters.

You can apply online for free legal help: Apply for help – Justice Connect. This is the quickest and most efficient way to check if you’re eligible and start the process of being matched with a lawyer. Once we receive your application, a member of our team will be in touch to guide you through the next steps.