What are employee records?
Employee records are records of personal information relating to your employment with your employer some examples are, terms and conditions of your employment, personal and emergency contact details, details of your salary and details of any training undertaken. Your employer is required to make and keep employee records for 7 years.
What can you do if you need your employee records?
You have a right to request that your employer provides you with all of your employee records. Once you have made this request your employer is required to present you with the records they have within 14 days. We can assist you with drafting this correspondence to your employer.
What are your legal options?
If your employer does not hand over your employee records and they do not have a good reason as to why they have not kept your records then you can file an application with the Federal Circuit Court to request that your employer hand over your records.
How do our employment lawyers help you?
We can prepare a letter to your employer requesting they provide the employee records and we can assist if there is any push back from your employer.
Frequently Asked Questions
I need payslips from my employer, am I entitled to them?
The Fair Work Act 2009 (Cth) states that you should receive a payslip within 24 hours of being paid. It is a legal requirement for your employer to provide you with a payslip.
My employer has told me they want to discipline me for an incident that occurred at work and I would like information from the investigation to be provided to me. Can I request this?
This is a difficult one to answer, in most cases you should receive, as a matter of procedural fairness, particularisation of the issues so that you may provide a proper answer. Any investigation is confidential so what you receive from your employer may be limited.
I have lost my employment contract, is that enough of a reason to request another copy from my employer?
Yes you can, this falls within the definition of employee records.