Employment Lawyers Camden
At Coutts Lawyers & Conveyancers Camden, we understand that the legal system can be complex and difficult to comprehend. Our experienced Camden Employment Lawyers can assist you throughout the entire process of your employment law matter.
Our team of Employment Lawyers is committed to providing you with the support and guidance you need to make informed decisions about your Employment Law matter. You can trust us to provide you with the highest level of service and support and to work tirelessly to protect your rights and interests. Contact us today to schedule a consultation and take the first step towards resolving your Employment Law matter.
Speak With Our Camden Employment Experts
Karena Nicholls is an experienced Lawyer who heads the Employment Law team. Karena together with her team of Employment Lawyers supports both employees and employers throughout all aspects of employment from the beginning of the working relationship right through to the end including when disputes arise and ensure that workplace rights and entitlements are upheld.
Are You An Employee or Employer?
Responding To Unfair Dismissal Claims Camden
Unfair dismissal refers to an employment dispute when an employee has been dismissed from their job in a harsh, unjust, or unreasonable manner. Coutts Camden Employment Lawyers can help navigate these complex situations. These types of claims can also include when an employee claims they were forced to resign or that redundancy was not genuine. If the employee has a successful claim, they will be entitled to remedies such as compensation or reinstatement.
Responding To General Protection Claims/Adverse Action Claims Camden
Most general protection disputes deal with the adverse action. In these cases, the employee must show their eligibility to apply and provide evidence that someone has taken adverse action against them for a prohibited reason. Coutts Camden Employment Lawyers can help guide clients through this process. General Protection/Adverse Action provisions protect workplace rights, ensure freedom of association, and provide protection against discrimination, as well as remedies for anyone who has been discriminated against.
Disciplinary Process Camden
Employers have the right to immediately (summarily) dismiss an employee if they have engaged in serious misconduct. Serious misconduct involves an employee intentionally acting in a way that is inconsistent with an employee’s contractual obligations, common law duties, and a breach of an employer’s policies. Coutts Camden Employment Lawyers can provide guidance on handling such situations appropriately. However, employers should be cautious when summarily dismissing employees. Sometimes the dismissal may be warranted, but it may not be serious enough in nature to constitute immediate dismissal.
Employment Contracts Camden
A well-drafted employment contract, prepared with the assistance of our Camden Employment Lawyers, protects the commercial interests of your business, both during and after an employee’s tenure. It is an agreement between the employee and employer that sets out the terms and conditions of employment. The National Employment Standards (NES) or the minimums set out in the applicable registered agreement (award or enterprise agreement) cannot be overruled within the employment contract.
Responding to Workplace Bullying And Discrimination Claims Camden
Workplace discrimination, an issue where our Camden Employment Lawyers can provide invaluable assistance, occurs when an employee is treated less favourably than another person in a hurtful, degrading, demeaning and/or unfair manner within the workplace. If you’re an employer who has had a workplace bullying claim brought against them, we highly recommend obtaining legal advice from Coutts Camden to ensure you receive all the correct information about workplace discrimination and how to address such issues effectively.
Redundancy happens when an employer no longer requires the employee’s job to be done by anyone or becomes insolvent or bankrupt. Depending on your terms of employment and the nature of the company, there are certain criteria that must be met to ensure that redundancy is genuine, and Coutts Camden Employment Lawyers can provide guidance on this matter.
Contact Coutts Employer-focused Lawyers
Coutts Camden Employment Lawyers can help navigate businesses through these complex situations and provide invaluable legal advice. Whether you need assistance with employment contracts or handling a redundancy situation, our experienced team is here to help.
Contact us today to learn more about how we can assist you.
Redundancy can be a complicated issue, and it’s important to seek legal advice from Coutts Camden Employment Lawyers if you believe you have been unfairly dismissed or have questions about your rights. A redundancy happens when an employer no longer requires the employee’s job to be done by anyone, or becomes insolvent or bankrupt. Factors that may contribute to redundancy include restructures within an organisation, relocation of the business, new technology in place of manual labour, a downturn in sales or production or if a business closes down.
Unfair Dismissal Camden
If you believe that you have been unfairly dismissed, it’s important to seek legal advice from Coutts Camden Employment Lawyers. Unfair dismissal refers to an employment dispute when an employee has been dismissed from their job in a harsh, unjust or unreasonable manner. These claims can also include when an employee claims they were forced to resign or that redundancy was not genuine. If the employee has a successful claim, they will be entitled to remedies such as compensation or reinstatement. Our Camden Employment team can help you navigate the legal process and ensure that your rights as an employee are protected.
General Protection Claims/Adverse Action Camden
If you are dealing with a general protection dispute, it’s important to seek legal advice from Coutts Camden Employment Lawyers. Most general protection disputes deal with adverse action. In these cases, the employee must show their eligibility to apply and provide evidence that someone has taken adverse action against them for a prohibited reason. General Protection/Adverse Action provisions protect workplace rights and protect freedom of association and provide protection for discrimination and remedies for anyone who has been discriminated against.
Unpaid Wages And Entitlements Camden
If you are experiencing issues with unpaid entitlements, it’s important to seek legal advice from Coutts Camden Employment Lawyers. Sometimes employers do not meet their contractual obligations and fail to pay employees their entitlements. These could include wages, salary, leave entitlements, bonuses, and commissions. This may happen deliberately or by mistake, but either way, you may be able to recover these unpaid entitlements.
If you are considering blowing the whistle on illegal or unethical activity within your workplace, it’s important to seek legal advice from Coutts Camden Employment Lawyers. A whistleblower is an individual who reports to management any kind of information or activity that is being undertaken in the company that is deemed illegal, dishonest, or unethical. The Corporations Act provides significant safeguards for whistleblowers and makes it a criminal offence to victimise one because of a protected disclosure.
Workplace Bullying And Discrimination Camden
If you believe you have been a victim of workplace discrimination, it’s important to seek legal advice from Coutts Camden Employment Lawyers. Discrimination of an employee by an employer is unlawful. Any employee is protected, despite their employment status (full-time, part-time, casual, etc.). If you feel you have been discriminated against by your employer, you may be able to initiate a claim against them with the Fair Work Commission or Ombudsman.
Disciplinary Process Camden
If you are facing a formal disciplinary process or have been summarily dismissed due to alleged serious misconduct, it’s important to seek legal advice from Coutts Camden Employment Lawyers. Misconduct is unacceptable behaviour in the workplace that is inconsistent with an employee’s contractual obligations, common law duties, and a breach of an employer’s policies. Employers have the right to immediately (summarily) dismiss an employee if they have engaged in serious misconduct.
Contact Coutts Employee-focused Lawyers
Coutts Camden Employment Lawyers can help navigate you through these complex situations and provide invaluable legal advice. Whether you need assistance with Unfair Dismissal or Redundancy, our experienced team is here to help.
Contact us today to learn more about how we can assist you.
Camden Employment Lawyers FAQs
Generally, every employee’s employment is governed by an employment contract. Such contract might be in the form of a written document, or it could be a verbal agreement or exchange of emails. Employment contracts often set out the rights and obligations of both parties to the agreement, so if you have an employment contract, you will be able to refer to that when trying to understand your rights and/or obligations.
Legislation such as the Fair Work Act 2009 sets out standards for employment which must be met in order for that employment to be legal.
Your employment may be covered by an award or enterprise agreement, which would also state any additional rights you may be entitled to. It is important to check whether or not any of these apply to your employment.
Unfair dismissal has occurred if your dismissal is found to have been unreasonable harsh or unjust. In order to be covered by unfair dismissal laws, an employee must have worked for the employer for a minimum period of time (one year for a small business and six months for businesses that employ 15 or more employees). An employee must also earn less than $129,300 per year (adjusted each year) and not be working as a contractor in order to be protected. Unfair dismissal applications must be lodged with the Fair Work Commission within 21 days of the dismissal occurring. It is recommended that you seek legal advice as soon as possible if you intend to make a claim.
Redundancy may occur if the operating environment of an enterprise has changed to the point where the employer no longer requires your position to be filled. Genuine redundancies often come about as a result of restructuring operations and other management initiatives. By law, employers must notify affected employees about the redundancy as soon as possible.
Genuine redundancies are often accompanied by a one-off payment that is proportionate to the employee’s length of service. These include:
- That the business no longer requires the person’s job to be performed by anyone because of changes in operational requirements.
- The business must consult with any employees who are covered by a modern award or enterprise agreement (as per the relevant consultation provision).
- It must not have been reasonable in the circumstances for the person to be redeployed with the business or an associated entity.
In some cases, employers may seek to dismiss an employee instead of making them redundant in order to avoid paying redundancy entitlements.
Employers are not able to terminate an employee’s employment without giving them written notice of the date of termination. This notice may be delivered personally or sent to the affected employee’s last known address.
The amount of notice required differs depending on the length of an employee’s service. Generally, the requirements for giving notice are as follows:
For employees with a period of continuous service equalling not more than one year – one week’s notice is required;
- If the period of service is more than one year but less than three years – two weeks’ notice is required;
- More than three years but less than five years of continuous service – three weeks’ notice is required;
- More than five years of continuous service – four weeks’ notice is required.
The above notice requirements do not apply to casual employees or independent contractors/subcontractors.
An employee is someone that is hired by an employer to perform a role that is set out in an employment contract. Employment contracts theoretically go on forever, unless terminated by either party. An independent contractor or subcontractor on the other hand essentially hires out their services for a certain period of time based on an individually negotiated contract with another business or entity.
Contractors are often able to negotiate their own pay and conditions, however, some laws that apply to employees do not apply to contractors. For example, a contractor may potentially have their employment terminated within a day under the terms of their contract, whereas an employee would be protected by legislation enforcing minimum notice periods etc.
Contractors are also responsible for paying their own taxes and Superannuation. Beware of Sham Contracts or changes in arrangements as to control.
Workplace bullying occurs in workplaces across all industries and professions, and it can have a significant impact on a workplace by reducing the health and safety prospects of those employees.
Bullying usually constitutes repeated, negative behaviour that is directed towards an employee or group of employees. The behaviour is usually targeted, whether directly or indirectly, and this is what makes it so destructive.
There are many laws that protect employees from workplace bullying, and WorkSafe Victoria actively responds to bullying claims in an effort to minimise the damage they may cause to a workplace’s health and safety environment.
Workplace bullying may also constitute discrimination if a victim is being targeted due to the fact that they possess a certain attribute or characteristic, however, the two do not always align.
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57 John Street, Camden NSW 2570