The laws and rules governing employment relationships can be complex. Your employment may be governed by a modern award or an employment contract and you may need legal advice to understand your rights.
As an employee, you may also need assistance in a workplace complaint or disputes and issues, but also in relation to employment contracts, workplace misconduct, unfair or unlawful termination, and disputes.
Employment contracts, in particular for executive or senior management positions, can be complex and place many obligations on the employee in relation to expectations, remuneration, confidentiality and IP, and restraints of trade.
We can sit with you and explain the contract and ensure that you understand your obligations. This also includes advice if you are considering ending your current employment, to ensure that any post-employment obligations imposed by your employer are clear and lawful.
If workplace misconduct, such as bullying, discrimination or sexual harassment, takes place in the workplace, employers need to respond appropriately and, in most instances, should deal with the matter appropriately. However, in some circumstances internal resolution is not possible.
We appreciate that for employees who are subject to inappropriate treatment this can be a traumatic experience. We can help you to understand your rights and the obligations of your employer, and options for seeking a resolution within or outside the workplace.
If allegations of workplace misconduct have been raised against you, we can assist you in responding to such allegations and in participating in any internal investigation to ensure that the allegations are investigated and dealt with fairly.
Unfair or unlawful termination
If you have been terminated from your employment or made redundant, and you think that your employer may have done so unfairly or unlawfully, you may be entitled to bring a claim in the Fair Work Commission for unfair dismissal or unlawful termination. Depending on your circumstances, a further type of claim called a general protections claim may be appropriate.
We will listen to your circumstances and provide you with clear advice about the legality of your dismissal, what your employer’s obligations were and any options for seeking compensation. We appreciate that when your employment ends in this way it is a stressful time, both emotionally and financially, and so we will advise you of the associated costs with any claim and provide you with realistic resolution alternatives.
If required, we can represent you in any claim in the Fair Work Commission.
You can read about a recent unfair dismissal case here.
Workplace disputes can arise because of disagreement about workplace conditions, terms of employment or conduct. In some circumstances, if you are unsure of your legal entitlements in relation to your job, we can refer you to the Fair Work Ombudsman who provides a free advice service (www.fairwork.gov.au).
If your dispute requires legal assistance, we can assist you in your negotiations with your employer and if required represent you in any formal dispute resolution or litigation process.
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