Employment Solicitors - Litigation Lawyers Australia
Our employment solicitors specialise in litigation. We deal with employment disputes throughout Australia and will initially attempt to settle disputes by agreement failing which we will take legal action. We will let a judge decide contentious issues as soon as possible. Our lawyers provide litigation services to employees across a wide range of employment matters. Our solicitors offer an efficient and cohesive service from a close knit team based in strategically located offices throughout Australia. Our main areas of specialism includes litigation services:-
- unfair dismissal
- constructive dismissal
- harassment & victimisation
- workplace bullying
- deed of release
Our employment solicitors deal with legal rights pertaining to all employment matters, whilst applying particular emphasis to unfair dismissal or unlawful dismissal. The Fair Work Act 2009 (FWAct) prescribes the national standards which guarantee employment rights in Australia. There are numerous anti-discrimination acts and statutes which can be utilised by an employment solicitor in an unlawful dismissal claim against the errant employer. In every case, the remedies accessible to employees, staff members, as well as executives who have been subjected to a wrongful dismissal involves the possible order of reinstatement to a previous position held, when appropriate or a financial compensation award. Our employment solicitors handle applications for review of termination in accordance with the Workplace Relations Act 2006. Additionally, our solicitors give advice pertaining employee rights guaranteed by common law, contractual terms, and/or an unfair dismissal that relates to a failure to adhere to the FWAct.
Wrongful dismissals pertaining to employment terminations in Australia are considered as either an ‘unlawful dismissal’ or an ‘unfair dismissal.’ These two concepts are alike in that the employee was wrongfully terminated, but are separated by classification and are subject to review utilising different national Acts or legislation:
• Unfair Dismissals are outlined within the Fair Work Act 2009 (FWAct) that defines ‘unfair dismissal’ as the occurrence of an employment termination which was ‘harsh, unjust or unreasonable’. The FWAct describes certain criteria which must be complied with in order to limit legal actions for an unfair dismissal claims to those employees who meet those qualifications. These qualifications are in place to protect both the employer and the employee. Harassment, discrimination, and victimisation are not covered within the FWAct but are handled separately under unlawful dismissal that can be distinguished from an unfair dismissal.
• Unlawful Dismissals are outlined within the Workplace Relations Act 2006 provides a wide ranging look at the legislation which deals with any wrongful dismissal that is based in any manner on an employee’s non-membership or trade union membership, their family responsibilities, or marital status, pregnancy, or any temporary illness that resulted in missed work, and those based on prejudices that result in discrimination of gender, age, nationality, race, or ethnic origin. All employees, executives, or staff members have been subjected to an unlawful dismissal when discriminatory reasons, such as those that follow were a basis for their employment termination:
- an injury or illness caused their temporary absence from their workplace
- membership or non-membership (refusing to join) in a trade union
- trade union activities that take place outside normal working hours without approval from the employer
- trade union pursuits or activities that take place during normal working hours approved by the employer
- representing the interests of employees (officially or unofficially)
- making a complaint regarding regulation or law breaches
- refusal of an individual transitional employment agreement (ITEA)
- taking parental or maternity leave
- taking community service leave
- race, colour, religion, sex or sexual preference, mental or physical disabilities, age, marital status, pregnancy, family responsibilities, national extraction, social origin, or political opinion
Our employment solicitors will provide legal counsel or advice pertaining to redundancy, which could include a sham redundancy. This is when an employer masks their wrongful termination of an employee by calling it redundancy so that they might secure an advantage financially. Frequently it is the case where an employee will receive more in a financial settlement in a case of wrongful dismissal than redundancy. This unfortunately results in some employers falsifying the situation and calling it redundancy where none exists. Redundancy normally occurs when there is no longer a need for a job or position due to a change in technology or the company is going out of business. Subsequently, there is no need for the employee, if there is no vacancy in elsewhere. In some cases after dismissal, an employee learns they were a victim of a wrongful termination, which was dressed up to the appearance of redundancy. Our solicitors can be instructed to analyse facts, properly investigate all the issues and take whatever legal action is appropriate in the case of a wrongful termination when there was no redundancy, but a sham.
Additionally, our employment law specialist solicitors can provide our clients with legal advice related to their rights under employment contracts, which might include the necessary advice before taking up an employment offer, or the subsequent advice about any interpretation of the contract’s clauses either during the currency of employment or after termination. Our solicitors have particular interest toward matters that relate to those employers who attempt to introduce a new contract or who unilaterally make changes to an existing contract of employment that is not always to the favour of an employee, who might feel the added pressure of agreeing to a less favourable contract for fear of losing employment. Oftentimes those terms are disguised as a part of more beneficial contract agreement that is quite often completely worthless or short term. When presented an agreement that contains fundamental changes which may seem unfair or those terms or conditions cannot be negotiated, seek legal advice prior to signing.
Our expert employment solicitors help our clients make application to the Fair Work Commission in accordance with the FWAct and also provide advice about their rights under common law, terms of employment contracts, or the unlawful dismissal relating to an employer’s noncompliance with established standards in the Workplace Relations Act 2006. To include decisions dependant upon membership in a trade union, pregnancy, family responsibilities, marital status, or their temporary absence due to an illness, or for discriminatory practices such as age, gender, nationality, or race.