We act for both employers and employees at the start, end and during the term of their employment relationship.

Employment Law Solutions

Employment Law is concerned with the relationship between the employer and the employee. This relationship is created at the time of employment, endures while the employee remains in the employ of the employer and comes to an end on termination. We can act for both employers and employees on each of the three stages:

  • Creation of the employment relationship
  • Ongoing relationship
  • Termination of the relationship

For employers, having the right contract in place, knowing and complying with your obligations under the Fair Work Act will go a long way to avoid any legal action being taken against you. For employees, if you know your rights and entitlements, you will be best placed to succeed in making a claim against your employer. For both employers and employees, we ensure that the contract is fair to both parties and understood by both parties.

Contract of Employment

An employment contract is an agreement between an employer and employee that sets out the terms and conditions of employment. An employment contract must at the minimum, include the National Employment Standards (NEC), awards, enterprise agreements or other registered agreements that may apply.

For employers, we can help:

  • Draw the contract of employment
  • Protect the business’ intellectual property and trade secrets
  • Prevent unfair competition using well-drawn restraint provisions

For employees, we can help:

  • Protect individual rights under the agreement of employment
  • Explain employee rights and obligations including restraints of trade and confidentiality provisions

Contractor Arrangement

The relationship of contractor and employer is different to that of employee and employer. There are certain tests to determine whether a person is a contractor or an employee. It is important from both the employer’s and the employee’s perspective, that the nature of the relationship is correctly identified and documented.

If the employer believes an agreement with a contractor has been entered into but in fact, having regard to the tests to be applied, the employer has entered into an employment agreement, the employer may be sued for underpayment of employee entitlements for leave, long service leave and the like.

On the other hand, if an employee is losing out on entitlements to leave, sick leave, superannuation and the general rights of employees, thinking he or she is a contractor, then this needs to be remedied and the employee’s rights enforced.

During the Employment Relationship

Matters such as work performance, leave, long service leave, entitlements, workplace policies, bullying, internet policies, job description and workplace rights may arise during the employment relationship for both the employer and the employee. We help employers adhere to their obligations so they will have no issue with their employees or the Fair Work Commissioner. And for employees, we ensure they are protected and receive their lawful entitlements.

Unfair Dismissal

Generally, an employer may for good cause terminate an employee provided the correct process is followed. However, an unfair dismissal claim can be brought against the employer if:

  • There is no valid reason for dismissing the employee
  • The employee is not given adequate notice for the dismissal
  • The employee is unreasonably denied a support person in any dismissal meeting
  • Poor performance is the reason for dismissal and no prior warning of such poor performance was given

The employer taking guidance prior to dismissal of an employee may save the business from unnecessary proceedings being taken by the employee which is both time consuming and costly.

For employers, we can help:

  • Explain what is meant by good cause or a valid reason
  • Map out the steps that need to be taken to ensure that the dismissal process is fair and reasonable.

For employees, we can help:

  • Ensure that your rights are protected in the event of a dismissal
  • Enforce your rights against the employer in the event of a dismissal
  • Ensure that proceedings are brought by you within time, within the appropriate forum and with the best prospect of success
  • Ensure that you claim the maximum amount to which you may be entitled

Unlawful Dismissal

A dismissal may be unlawful if it occurs as a result of discrimination when the employer treats a person or a group less favourably than another person or group because of their race, skin, colour, origin, sex, disability, religion or some other attribute or characteristic as specified under anti-discrimination or human rights legislation.

We can help bring or prevent such a claim being made or if made, defend such a claim.

Adverse Action

Adverse action occurs when an employer takes an action against an employee which breaches that employee’s general protection rights built into the Fair Work Act. These general protection rights safeguard the workplace rights and freedoms of association of the employee. So, if the employee is dismissed for exercising his workplace right for example, for insisting on receiving proper pay slips, this is an adverse action and the employee can bring proceedings against the employer.

We can help bring or prevent such a claim being made or if made, defend such as claim.

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