Employment Law

We are here to review your new employment contract or if you are an employer, to prepare one for you. If you have been unfairly dismissed, we will take the necessary steps on your behalf to achieve the best outcome including preparing and filing your application in the Fair Work Commission. If you are an employer, we can advise you on the best way to approach employment situations.

 

Unfair Dismissal / Breach of Employment Contracts

Most Unfair Dismissal matters settle at mediation and our solicitors have a lot of experience in preparing your application so that you are well placed to receive the best outcome at mediation. If your matter proceeds, our lawyers have many years-experiences in presenting cases to the Courts. If your employee has simply walked away from the job and breached his contract, we will be able to advise you if it is worthwhile suing for damages.

 

Discrimination

Section 351 of the Fair Work Act 2009 protects you against discrimination by an employer because of your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction or social origin. If you believe that you have been discriminated against, we will be able to advise you of your rights and the steps you are able to take.

 

Bullying and Harassment Claims

If you are being bullied at work we will advise you whether the Act covers you and the steps you may take to have it stopped.

 

Enterprise Bargaining & Workplace Agreements

If you need assistance as an employee or employer entering into an enterprise bargaining or workplace agreement, we will advise you on the correct way to approach the matter to achieve a satisfactory result.

 

Disciplinary Matters

If you receive a letter to attend a disciplinary meeting, we will advise you of your rights and the best way to approach the investigation as well as if necessary, represent you.

 

Sexual Harassment

If you are being sexually harassed at work or have been, we will protect your rights or institute the relevant action to compensate you.

 

Redundancy

If you have been made redundant and want advice about your entitlements and or whether your employer acted lawfully in making you redundant, we will advise you about your rights. If you are an employer and you would like to make your employees redundant, we will advise you of the correct process in order not expose to yourself to proceedings.

 

Restraint of Trade

We will advise you and have numerously advised employers and employees whether a restraint of trade that prevents you from engaging in similar work is valid. We will refer to you the latest decisions regarding enforceable restraints and advise whether the court is likely to strike out or enforce the restraint.

 

Sham Arrangements

We will advise you whether your employers acted lawfully in requesting that you register an ABN number and undertake work as an independent contractor, or, if you are an employer, whether you are in fact entitled under the circumstances to expect your employees to in future act as independent contractors.