Workplace disputes affect the entire business.
Workplace disagreements can be incredibly damaging for those involved, but also for the whole organisation. The longer they linger the wider they spread, so you’re best to resolve them as soon as possible.
We can help you with that. We specialise in employment law and with experience in both employee and employer perspectives, we know all sides of the story.
We represent employers and employees in a range of disputes including issues involving the Fair Work Act, Federal and State anti-discrimination laws, Modern Awards/Employment Agreements and Workplace Policies.
Unfair Dismissal
Unfair dismissal is a common post-termination dispute, and occurs where an employee feels they’ve been dismissed from employment in an harsh, unjust, or unreasonable manner.
Constructive Dismissal
This is a type of unfair dismissal, where an employee has terminated their own contract however there’s dispute around whether it was done of their own free will, or whether they were coerced.
Fixed fee for unfair dismissal
In some cases we can offer you a fixed fee for unfair dismissal cases. Contact us for more details.
Performance Management & Redundancy
There are clear, defined guidelines for performance management and redundancy. So if you’re not sure whether protocol has been followed, let us know, we can help.
Adverse Action
Employer to Employee
Adverse action is when an employer threatens to, makes plans to, or carries out an action that is unlawful under the Fair Work Act. It could be a suspension, or even a written warning, although generally involves dismissing, discriminating, injuring or changing the employee’s position to the employee’s prejudice.
Employee to Employer
Adverse action can also go the other way, when an employee threatens, makes plans to or actually stops work, or takes industrial action against the employer.
Discrimination
An adverse action taken because of an individual’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Maternity Leave
Maternity and parental leave entitlements can’t be easily dismissed. If adverse action is taken against you in this regard, we can assist.
Restraints of Trade and Post-Employment Restrictions
To an extent, you have a right to be able to make a living, no matter what your previous employers have to say about it. However, there are certain rules and restrictions. Let us know if you’re not sure, and we’ll clear it up for you.
Workplace Bullying
Bullying & harassment in the workplace often takes the form of a threat or intimidation, victimising or humiliating an employee, or group of workers. It can be any repeated unreasonable behaviour, however, reasonable management action carried out in a reasonable manner is not bullying.
Misleading & Deceptive Conduct
Deceptive behaviour from an employer or employee, is unacceptable in the workplace and if there’s any concern, we can help resolve it.
Independent Contractor / Employee Characterisation / Underpayment Claims
We can also resolve contractor disputes, employee characterisation and underpayment claims covering hourly rates, superannuation, and leave entitlements.
Absenteeism and Personal Leave
Employees are entitled to a certain amount of leave annually, and if there’s any disagreement, you can trust us to resolve it.
Enterprise Agreements and Individual Flexibility Agreements
These can be negotiated to the benefit of all, but if one party oversteps the mark it can fall apart easily.
Finally, we can also negotiate with unions and employer organisations, so there’s very little in Employment Law that we haven’t seen, or been involved in.