Help For Employees
If you have an employment issue – we’re here to help!
We are here to help with all employee legal matters.
Your boss can’t just sack you without a cause. If they wish to terminate you, they must follow the proper procedures.
You have a right to keep your job if you do what is required of you. Otherwise, your boss should tell you what you need to do to address the situation. If they do not do this, your firing may be unjust.
An employer cannot fire you, refuse to hire you, or discriminate against you for participating in allowed union activities, for your ethnicity, sex, age, or other characteristics, or for exercising a workplace right like taking leave or filing a complaint.
If you believe you were terminated unfairly, you must file a claim with the Fair Work Commission within 21 days.
Call us for a confidential and no-obligation consultation about your termination.
Your employer should compensate you for the work you do.
If your employer has not paid you, take action right away. The first thing you should do is issue a formal demand for payment. You must bring official action and document that they have not compensated you correctly.
Should your employer fail to reply to your written demand, you can file a complaint with the Fair Work Ombudsman. The Ombudsman will examine what occurred and assist you and your employer in resolving the issue.
If the Fair Work Ombudsman cannot assist you, you may file a complaint with the Federal Circuit Court. If you can show that your employer was engaged in underpayment, they can be held accountable and penalised.
For a confidential discussion about your pay, please call us. We can help you understand your rights and what to do next.
Your employer is legally required to ensure that the workplace is safe and secure – free of harassment, bullying, and discrimination.
Your firm should have written procedures in place to tell you how to file a complaint or raise a problem.
There will be an investigative phase during which everyone will have the opportunity to provide their side of the story. It’s critical to keep records of what happened and the measures you took to remedy the situation.
Your employer may not take action against you because of a complaint you filed. If this occurs, your employer may be held liable in legal action.
Do you have a workplace complaint? Call us for a no-obligation and confidential discussion.
If you are accused of doing something improper at work, you must understand your rights.
You should be informed of the complaint and allowed to react. Your company must conduct a thorough and unbiased investigation into the complaint. Your employer must keep the inquiry secret and update you regularly. They must complete the inquiry as soon as possible and inform you of the results.
Respond to the investigation so you can share your side of the story and express your thoughts on what occurred.
When an employer is investigating a complaint against you, they may request that you take time off from work. This should not take any longer than is required for the inquiry, and you should continue to receive your regular salary while on leave.
Contact us today for a free consultation on fighting a workplace complaint.
Even if everything else is going smoothly, your employer has the right to terminate you in one case. That instance is if your company no longer requires you to do the same duties you have been performing.
This is known as being genuinely redundant, and it indicates that your company will not hire someone to replace you when your work expires. Your job will either cease to exist or be performed by someone else as part of their employment.
If your employer wishes to make you genuinely redundant, they cannot do so without first speaking to you. Before they let you go, they need to determine if you can do another position in the organization.
If you cannot keep your employment because of circumstances beyond your control, your employer is expected to notify you in advance and pay you in full.
We can help you understand your rights and what to do if you’re made redundant.
A deed of release is a legal document detailing an agreement between an employer and an employee.
When an employee leaves their work, the deed of release may provide them with money – entitlements and maybe a bonus.
But there may be a clause that prevents you from suing your employer. Some deeds of release will prevent you from doing business with certain people or companies.
They may also prevent you from obtaining customers from the firm you recently left. They may also shield the corporation from intellectual property claims based on products you generated while working for them.
Be cautious when signing a deed of release because if you breach the agreement, your ex-employer has the right to sue you.
If you’re considering signing a deed of release, contact us for free legal advice.
If you believe you have been unfairly fired, are being bullied, or have been treated improperly at work, you may need to file a complaint with the Fair Work Commission.
Their services include:
- Mediation: an informal and voluntary procedure where two parties attempt to resolve a disagreement between themselves.
- Conciliation: similar to mediation except that the Commission’s conciliator assists the parties in resolving their dispute.
- Case Conference: a meeting with a Member during which they will make orders or directions concerning the case before the final hearing.
- Hearing: a formal process where all parties present their case publicly to a Member who will subsequently make a binding decision.
A solicitor can assist you in preparing for the Fair Work Commission by preparing and lodging applications and submissions on your behalf, contacting the Commission for you, and engaging in mediation and conciliation where bullying is suspected.
If you have any questions or need legal help to prepare for the Fair Work Commission, call us today.
Restriction of trade provisions are frequently included in employment contracts. Employers can defend their economic interests by restricting an employee’s freedom to engage in specific activities during or after their employment.
Restraints typically seen in employment contracts include confidentiality, non-compete, non-solicitation, and non-recruitment agreements.
To correctly impose a constraint on employees, an employer must demonstrate that the breadth of the restraint is no more than necessary to defend the company’s interest.
This implies that it cannot be overly long, cover too large a region, or severely limit the employee’s actions.
If you have any questions about restraints of trade, or want to know if your employment contract includes one, call us today.
Before accepting new employment, you should be sure that everything in the offer is correctly documented. You should also ensure that the terms are reasonable and the best you can get.
If you’re not sure if an employment offer is fair, a professional can help answer your questions, examine your job offer, and provide you with a written overview of the present document as well as ideas for improvement.
Call us and let us answer your questions about your employment offer.