Employment Law Advice & Litigation
Our experienced lawyers a successful history of helping businesses with all of their employment law needs.
Our employment law team is at the forefront of this area of law and we a strong reputation within the legal profession for expertise in employment law.
Our team can assist your business with:
- Contract and policy advice and preparation
- Managing employee performance and discipline
- Employment disputes and litigation
- Discrimination & Harassment
- Work, Health and Safety compliance
Industrial Relations Support
Our Industrial Relations system is constantly changing and it can be very difficult for businesses to keep up to date with their obligations.
We keep you informed of the current workplace legislation and work with you to implement documents, processes, policies and forms to help you comply with all of your obligations as an employer.
We can assist you to review your induction and employment processes and identify areas of risk to your business. By being proactive and actively managing your obligations you can avoid employment disputes arising and be able to focus on developing and improving your business.
Contract and Policy advice and preparation
By implementing employment agreements, policies and forms in your business you can effectively manage your business’s most important asset - your people.
Commonly employers engage employees without a detailed written contract.This usually leads to much confusion and uncertainty between the parties as to the terms and conditions of employment.
The Fair Work Act imposes a number of obligations on all employers, with significant fines imposed for breaches. It is critical in protecting your business that your employment agreements comply with workplace legislation.
A written employment can remove the uncertainty and help protect your business from costly and time consuming disputes.
Policies & Forms
Policies and forms are an essential part of modern business systems. They are the key to implementing business goals and an effective way to manage your obligations as an employer.
Signed, dated forms also provide proof:
- that an employee was aware of a certain policy;
- of agreements that were made;
- of leave that was taken;
- that training occurred; and,
- for evidence in court.
Employment Disputes & Litigation
Under the Fair Work Act 2009, unfair dismissal occurs when the termination of an employee was “harsh, unjust or unreasonable. A termination of employment can be harsh, unjust or unreasonable in circumstances where there is no valid 'substantive reason' for the termination and/or the employee has not been afforded 'procedural fairness' prior to the termination of employment.
Currently, Fair Work Commission (FWC) deals with the most unfair dismissal claims. The FWC does not deal with unfair dismissal for persons employed by the NSW State Government, or a related body. It is the role of the NSW Industrial Relations Commission to facilitate unfair dismissal claims for employees covered by state employment laws.
Our experienced team has handled hundreds of unfair dismissal matters and can provide you with timely and practical advice.
General Protections - Adverse Action
Under the Fair Work Act, employees who choose to engage workplace rights are guaranteed general protections from being treated adversely by their employers. A workplace right is defined under the Act as being:
- an entitlement set out in a workplace law, workplace instrument or ordered by an industrial body;
- participate in, a process or proceedings under a workplace law or instrument;
- make a complaint or inquiry:
- to a body with power under workplace law to seek compliance with that law;
- about their employment.
In addition, General Protections extend to discrimination based on race, colour, sexual preference, age, physical, mental or intellectual disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Bullying and Harassment
From 1 January 2014, a "worker" will be able to file an application to the FWC for an order that requires bullying behaviour to cease. A worker will be deemed to have been bullied at work if, while at work, an individual or group of individuals repeatedly behave unreasonably towards the worker, or a group of workers which the worker is a member and the behaviour creates a risk to health and safety.
The FWC bullying orders may include requiring:
- an individual or group of individuals to stop the specific behaviour;
- regular monitoring of behaviours by the employer;
- compliance with an employer's workplace bullying policy;
- the provision of information and additional support and training to workers; or
- the review of the employer's workplace bullying policy.
Once the order to cease bullying behaviour is made by the FWC, any person who contravenes the order is liable to a maximum penalty of 60 penalty units ($10,200.00 for an individual and $51,000.00 for a corporation).
Need Further Help?
If you need further advice or assistance please contact us so that we can provide you with advice tailored to your personal situation.