Strategic and sound advice
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
We will help you every step of the way
Contact Us to find out how we can support you.
Understanding your needs
We ask questions and listen first and foremost in order to ensure that we fully understand your personal, professional and business goals. The outcome you seek to achieve is dependant on your goals. There is very rarely a one size fits all solution.
Our focus is ensuring that we fully appreciate what it is that needs to be achieved and precisely the areas in which our assistance may be required before providing you with strategic and individualised advice.
Ensuring the right fit
Once we understand your goals, ambitions, and desired outcomes we then craft the approach that best fits your circumstances. We then make sure that you are teamed with the right lawyer not only for your matter but also one that can achieve the outcome sought within your budget and time schedules.
Your lawyer needs to not only work for you but with you to keep you focussed on your goals and results. Your lawyer must be someone you trust to act in your best interests at all times even on the rare occasion where you may lose sight of what that may be.
Providing a tailored service
Once we understand fully how we can be of service to you and once we have paired you with your lawyer that is when we turn our attention towards each possible avenue and strategic pathway available to you in order to achieve your results on time and within your budget.
We believe that in order for you to best decide the next steps you need to be fully armed with all of the information, advantages, and disadvantages associated with each possible course of action. A tailored service by necessity requires a fully informed and holistically advised client.
Frequently asked questions
We can provide you with sound advice
As an employee, where can I review my rights and obligations?
As an employee you obligations and rights are paramount. The Fair Work Commission website accessible at Rights & obligations | FWC Main Site outlines 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.
What is unfair dismissal?
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.
What is redundancy?
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.
What is a notice of termination and does it apply to all employees?
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.
What is the difference between an employee and a contractor?
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.
What is workplace discrimination?
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.
What is workplace bullying?
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.
What should I do if I believe my rights have been infringed?
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.
Do I have the right to say no to being performance managed?
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.
Can my employment be terminated if I don't pass the performance management plan?
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.