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Employment Solicitors - Compensation Claim Lawyers - Australia
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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.
Australia has a highly regulated employment market with complex legislation designed to protect the legal rights of employees. Our specialist employment claim solicitors deal with employer/employee disputes on a national basis including discrimination, harassment, unlawful dismissal, redundancy and industrial relations. Our client base is extensive and we handle compensation claims for all employees, ranging from school leavers in their first job right through to senior management executives. The legislation interpreted by our employment claim solicitors which is appropriate to these disputes includes :-
Racial Discrimination Act 1975
This Australian employment law applies nationally and makes racial discrimination unlawful and overrides all state and Territory legislation. Racial discrimination occurs when a person is treated less favourably than another person on the basis of race, colour, descent or national or ethnic origin.
Sex Discrimination Act 1984
This Australian employment law applies nationally and makes discrimination on the basis of sex, marital status, pregnancy or potential pregnancy unlawful. The act has wide ranging effects which are not just restricted to sexual discrimination.
Disability Discrimination Act 1992
This act was passed by the Parliament of Australia with the intention of protecting the rights of disabled employees on a national basis. Complaints under this Australian employment law are made to the Human Rights Commission.
Age Discrimination Act 2004
Since the passing of this legislation it has been unlawful to discriminate in employment matters on the basis of age which applies to all ages including the old and the young.
Human Rights & Equal Opportunity Commission Act
This legislation controls the operation of the Human Rights Commission which investigates breaches of anti-discrimination statutes including discrimination on the grounds of race, colour or ethnic origin, racial vilification, sex, sexual harassment, marital status, pregnancy or disability.
Fair Work Act 2009
The act regulates the government industrial relations institution known as ‘Fair Work Australia’ which governs awards, minimum wage levels and dispute resolution. Fair Work Australia carries out functions previously dealt with by the Workplace Authority and the Australian Fair Pay Commission.
Workplace Relations Act 1996
This Australian employment law provides minimum terms and conditions that apply to employment and governs the Australian Industrial Relations Commission (AIRC).
Employment Rights
Our employment claim solicitors can give you advice on a wide range of employment rights including :-
- unfair dismissal
- unlawful dismissal
- constructive dismissal
- prejudice due to race
- prejudice due to gender
- prejudice relating to pregnancy
- age discrimination
- disability discrimination
- workplace bullying
- redundancy and sham redundancy
- inappropriate, aggressive or malicious behaviour due to racial or religious differences
- inappropriate, aggressive or malicious behaviour relating to gender
- deed of release relating to agreed financial terms for termination
- oppression, harassment or victimisation due to race, religion, sex or sexual orientation
Fair Work Act 2009
Since 1st January 2010 almost all industrial relations claims, unlawful discrimination allegations, redundancies, employment disputes and financial awards dealt by employment claim solicitors will rely on the new Fair Work Act 2009 (FWA) which has replaced the previous Work Choices legislation. The most obvious change that this legislation has brought about relates to unfair dismissal and unlawful dismissal. Probably the most contentious matter introduced by the FWA is in regards to the protection now offered to employees of smaller businesses with the FWA applying to businesses with more than 15 employees whereas the previous minimum limit was 100 employees. A lot more employees have now been brought under the protection of the legislation. The FWA also includes new provisions for redundancy, disputes, awards and parental leave. Maximum financial awards have been codified and it is anticipated that not only will more employees qualify for an award but there will be a general increase in the amounts that are awarded.
Wrongful Dismissal
Australian law classes wrongful dismissal as either unfair, which occurs when the dismissal is harsh, unjust or unreasonable or unlawful, which occurs when the dismissal is based on unacceptable reasons which are outlined in the Workplace Relations Act 1996. Both unfair dismissal and unlawful dismissal amount to wrongful acts justifying an application for compensation or reinstatement. In addition the doctrine of ‘constructive dismissal’ is often used by employment law solicitors, which occurs when an employee has no other realistic alternative than to terminate their own employment due to unlawful behaviour by the employer which entitles the employee to claim wrongful dismissal and seek compensation.
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 (FWA) 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
Sham Redundancy
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.
Employment Contracts
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.
Discrimination
Employment law solicitors can take advantage of extensive Australian anti-discrimination legislation which makes it unlawful to discriminate against an employee or potential employee on the basis of a wide range of issues including sex, race, sexual preference. pregnancy, disability, religion and age. Discrimination can be either direct or indirect which may be simply a more subtle approach to a deliberate intention. Discrimination is still unlawful even if it was not intended. The legislation utilised by employment law solicitors, covering issues of discrimination, is contained in the following statutes :-
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
- Age Discrimination Act 2004
- Human Rights and Equal Opportunity Commission Act 1986
- Fair Work Act 2009
- Workplace Relations Act 1996
Harassment
Harassment is unwanted conduct usually based on gender, race, sexual orientation or age which is unwanted and affects the dignity of men or women whilst at work. It does not matter that the behaviour was not intended to be offensive to the recipient, what counts is the effect that the behaviour actually had on the recipient. This behaviour can include unwelcome or hostile act or a series of acts and includes abusive language and jokes, offensive behaviour, name-calling, damage to property, offensive written or visual material including graffiti/vandalism. A slightly different form of harassment is victimisation which occurs when a person is treated less favourably than others due to seeking legal advice on employment matters. Harassment issues can be complex legal matters and if you have been a victim of this type of behaviour you should not hesitate to take advice from a qualified employment law solicitor.
Workplace Bullying
This problem is one that has shown a significant rise in reporting over recent years which is probably due to a number of significant cases that have brought it into the open together with associated publicity showing that it is possible for victims to claim substantial compensation for bullying at work There is no national statutory definition of workplace bullying and there is no specific national legislation however it has four essential components as follows :-
- arising from a conflict at work
- repeated unwanted behaviour
- inappropriate and often aggressive
- physical or psychological distress
Bullying at work compensation claims solicitors can take legal action for a wide range of unacceptable behaviour including :-
- verbal and/or physical threats
- misapplied disciplinary procedures
- misapplied assessment procedures
- preventing access to promotion, training & overtime
- impossible deadlines and targets
- withholding essential information
- extreme and unjust supervision
- public humiliation including shouting
- persistent and unfair criticism
- inaccurate accusations about quality of work
- undermining personal responsibility
- abusive reference to age, sex, race or disability
- denigrating personal characteristics
- spreading malicious rumours
- physical isolation from others
Bullying at work can be a real problem for employers who may be held liable to pay compensation if the aggrieved victim has not been adequately protected from unlawful behaviour by another employee. Employers will in many cases have a ‘Bullying Policy’ which should be consulted by any employee who has suffered from bullying at work.
Redundancy
An employee may be entitled to redundancy pay if an employer decides that they no longer want that employees job to be done by anyone and terminates their employment. This can occur due to new technology, business recession, relocation, mergers or restructuring. There are strict regulations that an employer must follow to justify a redundancy situation. In certain circumstances a dishonest employer may use a sham redundancy as a method of terminating employment which is cheaper than other alternatives and this amounts to unlawful dismissal for which damages are payable.
Deed of Release
There may come a time when an employer and employee decide by mutual consent to terminate the employer/employee relationship and in doing so both may want a clean break with no possibility of further retribution in the future. In these cases both sides may consult employment law solicitors to draft a legally binding agreement whereby an employee accepts financial recompense in exchange for agreeing to certain contractual terms. The advantage of a deed of release is that it provides certainty for both parties and precludes the possibility of expensive court proceedings in the future. Many of these agreements are generous to the employee – some are not.
Employment Solicitors
We deal with claims arising throughout Australia which has one of the most regulated and legally complex employment markets in the world offering thorough protection to employees through national and state legislation. We offer access to specialist employment solicitors for employees and executives, who give advice on how to deal with employment issues in a fair, equitable and lawful manner. Recent changes in legislation have extended the arsenal which can be put to use by employees to ensure that they receive a fair deal from employers and our employment law solicitors offer advice on a wide range of issues including industrial relations, discrimination, harassment, unlawful dismissal, redundancy and employment rights. Our employment law solicitors deal with all classes of employees ranging from the most junior staff up to senior executives who have been unfairly treated. We also draft and advise upon restrictive covenants and deeds of release which apply if an employer has offered an employee financial terms to preclude an application for damages.
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 (FWA) 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 FWA.
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.
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