Our firm has a strong base in employment law whether advising employers in relation to performance improvement plans, preparing policy documents and addressing workplace related disputes or acting for an employee subject to an unfair dismissal, general protections claim, underpayment or harassment in the workplace. Our focus is individually tailored and results driven. Our advice and support is strong with each matter handled with professionalism and compassion.
How we can assist you
1. Discrimination in the workplace 2. Unfair dismissals 3. General protection claims 4. Harassment in the workplace 5. Underpayment 6. Property & financial settlements including superannuation splitting 7. LGBTIQ family law matters 8. Complex family law disputes involving corporate entities & other family members such as grandparents
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party to complex estate administration dispute.
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Years of experience
We offer premium legal services with a personalised and individual approach to each and every matter. You are not just another client or file or number - you will be our main priority at all times and we will always protect and fight for you.
As an employee you obligations and rights are paramount. The Fair Work Commission website accessible at Rights & obligations | FWC Main Siteoutlines your legal position in a general form. You may furthermore dependant on what industry you are engaged in be subject to Modern Awards and Enterprise Agreements.
A redundancy is essentially when your role is no longer needed by an employer. This may be as a result of technological advances, restructuring, closure, relocation of premises or mergers. A redundancy in order to be genuine involves the role not being performed by anyone moving forwards and requires significant conversation with you in relation to alternative roles before you may be made redundant.
There are many legal tests which assist in formulating whether someone is an employee or contractor with this being a hotly contested and disputed area of employment law. Generally, an employee works for the employer, receives a salary, does the work determined by an employer and is personally required to perform the job. Generally, a contractor works for multiple parties, works independently, receives payment for a task performed and may delegate performance of a job to other workers.
Bullying is the repeated unreasonable behaviour by one person towards another in the workplaces which results in a risk to health and safety. Bullying behaviour may range from overt physical and verbal assault to more subtle and protracted psychological abuse. Examples of bullying include yelling, offensive language, isolating certain members of staff, intimidation, undermining performance, setting impossible standards, assigning tasks unrelated to employment or deliberating altering schedules or rosters so as to inconvenience specific members of staff.
Ordinarily, no you cannot refuse a performance management plan. Performance management plans are put in place in order to address issues related to behaviour that is not deemed dangerous, productivity or disruptive conduct. It is designed to assist an employee in the workplace. It may however be misused in rare cases to evidence poor performance and ultimately justify a dismissal. If you have concerns about a performance management plan it is vital that you seek legal advice.
A dismissal is deemed unfair where an employee is dismissed and their employment terminated for reasons that are harsh, unjust or unreasonable in the circumstances. Each matter hinges on its own facts. Consistency between employees is something that will be taken into account in determining whether a dismissal is unfair. Strict timeframes apply in bringing a claim for an unfair dismissal so it is vital that you do not delay in seeking legal advice if you believe your dismissal to be unfair. A redundancy where not genuine may be deemed to constitute an unfair dismissal.
Notice of termination is the time allocated before your employment comes to an end following resignation or termination. If the reason for termination is related to serious misconduct such as theft or endangering the workplace no notice may be required. The National Employment Standards, Individual Modern Awards, Enterprise Agreements and Contracts of Employment apply to notice periods.
Discrimination is where a person is treated less favourably in the workplace because of their background or personal characteristics this may be race, ethnic origin, immigrant status, sex, pregnancy, marital status, age, disability, gender identity and sexual orientation to name a few. The law on discrimination is legislated. Discrimination in employment may present when new staff are being recruited, in relation to the terms of an offer of employment, persons considered for transfer and promotion or who is considered for redundancy of dismissal.
You should immediately address your concerns with your employer. Many employers have policies in place that set out a complaints process and investigation process. In the event that the concerns continue then you should seek urgent legal advice in order to escalate the matter using the appropriate platforms that may be applicable. Where the concerns relate to dismissal, redundancy or demotion then it is vital you act immediately as strict timeframes apply to seeking relief at Court or at Tribunals. When experience infringement of your rights, it is equally important that you document what happened, when it happened, who caused the infringement and the details of anyone who would be able to verify what happened.
Yes, your employment may be terminated after failure to pass a performance management plan provided that the plan was implemented correctly, you were given opportunity to improve in completing employment tasks and appropriate support to enable that improvement.
