Employment Law

In an ever changing political and legislative environment our Employment Law Division offers both employees and employers effective and innovative solutions to their industrial relations issues.

4.1 Employers

We will work with you to develop strategic platforms to reduce conflict and employee related disputes and offer practical and commercial solutions for them when they do occur. Some of the services that we offer Employers include:

• Certified Agreements and Awards.

• Advice on type of agreement suitable for your purposes.
• Drafting of Agreements in accordance with the “WorkChoices” legislation.
• Lodgement of Agreements with Office of Employment Advocate.

• Individual employment contracts.

• Drafting of effective contracts suitable for your business and employees.

• Dispute resolution and advocacy.

• Negotiations to resolve disputes arising from claims of unfair dismissal.
• Active Representation in the NSW or Australian Industrial Relations Commission.

• Policy and procedure documents, and training.

• Advice and assistance with the development of Quality policy documents.
• Advice in relation to the extent that policy documents form part of the employment contract.
• Advice and assistance in relation to training of staff.

• General advice in relation to “Workchoices” and the impact it will have on your Human Resources.

• Advice in relation to mandatory record keeping requirements.
• Advice in relation to action required to be taken to comply with the new system.
• Ongoing support and advice.

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4.2 Employees

We work closely with you providing you with advice and representation in relation to any employment issues in an effective and cost efficient manner. Some of the services that we offer Employees include:

• Advice in relation to certified Agreements and Awards.
  • Impact of certified agreements and awards on your employment.
• Advice in relation to Individual contracts and Agreements.
  • Your rights and responsibilities under your individual contrac
• Advice in relation to your Employee entitlements.
  • Leave entitlements.
  • Basic rate of pay.
  • Superannuation.
  • Redundancy
• Dispute resolution and advocacy.
• Unfair Dismissal (see details below).
• Unlawful or wrongful dismissal.
• Discrimination.
• Harassment.
• Victimisation
• General advice in relation to “Workchoices” and the impact it will have on your Employment entitlements.
  • Advice in relation to the minimum entitlements under the Australian Fair Pay and Conditions Standard.
• Action required to be taken by you as a result of the new syste
• Ongoing support and advice.

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4.3 Unfair Dismissal

Unfair dismissal is a term used to describe claims made by employees who have been dismissed against their former employers, challenging the ‘fairness’ of the dismissal as “harsh, unjust or unreasonable”.

The changes to the industrial relations laws have impacted on Sate unfair dismissal and unfair contract claims introducing new exemptions for employers from the unfair dismissal regime.

Unfair dismissal and unlawful dismissal claims do still exist for some employees as well as some other legal avenues to seek compensation in relation to the termination of your employment.

If you have been dismissed from your employment and believe that you may have a claim for unfair or unlawful dismissal contact our office without delay as Applications must be filed within 21 days from the date of dismissal.

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