Let our experienced team assist you with workplace relations.
Our team of lawyers headed by an Accredited Employment Specialist of over 15 years can provide you with pragmatic solutions to your workplace issues. Whether you are an employer seeking advice on a termination issue or to develop contracts or an employee wanting to know where you stand, we have the knowledge, expertise and depth of experience to navigate the best outcome for you.
Sexual harassment is unwelcome or unwanted sexual behaviour that offends, humiliates, intimidates or undermines you. It can be physical, verbal, written or other conduct.
It can be a single incident, or repeated behaviour. If you are being harassed at work, it is your employer's responsibility to do everything reasonable to make your workplace free from sexual harassment.
Discrimination and Bullying
Bullying is repeated unreasonable behaviour that threatens the welfare of individuals and businesses. Discrimination is unlawful when a person is treated less favourably because of a protected attribute such as their age, race, religion or gender. Bullying and discrimination can create a toxic workplace, an increase in personal leave, an increase in compensation claims and lower workplace productivity.
Restructuring a business - are employees entitled to a redundancy? It is important to understand redundancy law and follow a correct and well documented program, which can prevent unfair dismissal claims. No one business is the same. We can provide advice to ensure the restructuring of a business proceeds as smoothly as possible.
A tailored employment contract is the foundation of a successful employment relationship and business prosperity. Verbal employment contracts or generic contracts can leave both the employer and employee exposed to risk. Our lawyers can assist both employers and employees to have employment contracts that best suit their circumstances.
Pay rates and Underpayment
Underpayment of wages can occur when an employee is paid at a rate below either the Award or EBA minimum for their classification, are not paid correct loadings or penalties or are not paid their entitlements on termination.
If you have been underpaid at work, you should first check with your employer to determine whether a genuine mistake was made. Many issues can be resolved simply. There are a variety of avenues open to employees to pursue underpayments through the intervention of the Fair Work Ombudsman or court action.
Having people work as contractors who become responsible for remitting their own income tax, paying their own superannuation and not being entitled to annual and personal leave may be contrary to section 351 of the Fair Work Act as sham contracting.
Where people perform work substantially for the same entity, which seeks to control how and where the work is done, the law will recognise that despite what the entity might intend the relationship of employer and employee arises.
The termination of employment can be a minefield for employers and traumatic for employees.
The Fair Work Act provides a framework for ensuring that employers dismiss employees fairly and for assisting employees when they have been dismissed unfairly.
Time limits are tight and it is important to act quickly.
Termination of employment or any action against a person that is based on unlawful discrimination is also a matter for remedies through the Fair Work Commission.
Contact us today to find out where you stand.
Our team of workplace lawyers and specialists have extensive experience in workplace relations. They can provide quick and practical advice on workplace relations as and when they arise.