Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I work on a bus on Hamilton ISLAND. On one of our services…

Customer Question
Hi, I work on...

Hi, I work on a bus on Hamilton ISLAND. On one of our services there is there is no scheduled break and I did not have one the 10 hours I worked. I belive this illegal and what can I do about it

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Qld

Lawyer's Assistant: Has anything been filed or reported?

Not yet I was thinking of sending an emai

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im not sure, I just don't know what rights are in this case

Submitted: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/29/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,735
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

you are entitled to a proper break in accordance with Fair Work Act.

Do you have a written employment agreement ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
it states that we get 2 x 15 min and one 30 min but that is not the case on certain shifts
Solicitor: John Melis, Lawyer replied 4 months ago

ok.

in this case your contract also supports the requirements for a break.

you can raise a claim against the employer directly if you prefer or with the assistance of the Fair Work Commission.

Have you tried to discuss the matter directly with the employer yet ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Not yet,I will email them. I'm new i didnt want to rock the boat
Solicitor: John Melis, Lawyer replied 4 months ago

ok

when you draft the email, you need to reference your roster, the shifts specific of concern that you have worked where a break is due, and the OHS issues that need to be addressed.

I have extended a special offer to talk on the telephone if you prefer to help you with the points of the letter.

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
BOB BREEN HERE, I LOOKED AT A CAR AND ASKED THE COST OF SIDE
BOB BREEN HERE, I LOOKED AT A CAR AND ASKED THE COST OF SIDE STEPS AND I WAS TOLD APP. 1100.00. THEY WANTED 500.00 DEPOSIT AND WE HAD A TEST DRIVE.ON THE PAPER WORK THEY EMAILED ME SATES SUBJECT TO TE… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
The pound tock my dog from a property cause someone
The pound tock my dog from a property cause someone bullshitted and said he bite someone ,what can I say when I ring them … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am half owner of a 20 acre block of land with no building
I am half owner of a 20 acre block of land with no building rights at Young NSW We have been in a family dispute for years, what I would like to know if it can be legally split into 2 to settle the di… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
What is employers rights when there are no policies in place
What is employers rights when there are no policies in place and an employee has been using the workplace computer for inappropriate use (porn) during his work hours … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
Fromelwood my nabourhas pulled his place and rebuilding his
hi Pearl my name is ***** **********elwood my nabour*****has pulled his place and rebuilding his place it is a modern structure and they are taking advantage of our good nature and doing alot of damag… read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
My partner and i own a truck cars caravan all set up in a
My partner and i own a truck cars caravan all set up in a company name. We have been together for 24 years. He purchased the house back then in his name. Am i entitled to anything in we seperate … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
I am coming back to becoming a Chid Advocate again. I want
I am coming back to becoming a Chid Advocate again. I want to know what legal implications are now required, with children, family and the general expectations of the system … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I recently renewed my lease and the agent put the incorrect
I recently renewed my lease and the agent put the incorrect monthly amount on there, it was signed by her, the owner and myself. The first payment just came out yesterday and I have highlighted this to you as the amount was not in line with what was on the rental agreement however she is now saying that it was a typo and has sent an amendment. Since the original lease was signed by both her and the owner do I have any grounds to appeal this and somehow get her to stick to it? … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
We live in a house, where the mortgage is in our son's name,
We live in a house, where the mortgage is in our son's name, but he does not live here anymore. The deposit was put in by my parents, and my brother and I and my parents pay all mortgage costs. My bro… read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
If I retire at 7o and my husband is still working am I
If I retire at 7o and my husband is still working am I entitled to any benefit? … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
We bought two cashmere jumpers from Uniqlo, washed them in
We bought two cashmere jumpers from Uniqlo, washed them in cold water as have done with all cashmere and wool for many years. Both j7mpers shrunk approx 2 sizes … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
RSPCA. Visit a property after a complaint and then seize a
RSPCA. Visit a property after a complaint and then seize a dog and leave no paper work and no receipt for the dog, are they breaking the law. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have a blocked culvert under my driveway access and need
hi I have a blocked culvert under my driveway access and need it cleared as water is pouring out down the sides and causing more unneeded problems council was notified some 6 months ago and just recen… read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
I am starting my helicopter license on June 25th and will
Second opinion] Hi! I am starting my helicopter license on June 25th and will need to pass a Class 1 medical. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Sorry you cat not help me you are not in Australia, Nope not
Sorry you cat not help me you are not in Australia … read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
My husband and I are self-funded retirees and want to gift
My husband and I are self-funded retirees and want to gift our principal home to a child. We live with another son in a grannyflat and no longer wish to maintain the other house. Would there be much c… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I wanted to see how I go about getting full custody of my
Hi I wanted to see how I go about getting full custody of my child, dhhs has been notified of the house being a total mess and his mothers driving and going out till all hours of the morning 1-2-3am a… read more
John Melis
John Melis
Lawyer
2,735 satisfied customers
I am the first Power of Attorney of my husbands Estate can
I am the first Power of Attorney of my husbands Estate can the second and third power of the Attorney if banded together over rule me … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x