If you have been dismissed from your job in unjust, harsh or unreasonable cicrumstances.Find Out More
If you have been, or are going to be made redundant and you want to know your enitlements.Find Out More
If you have been subjected to ongoing unreasonable behaviour including cyberbullying.Find Out More
If you require advice about your employment contract between you and your employer.Find Out More
Have you been treated less favourably due to a protected attribute such as race, sex, age, sexual orientation, or disability?Find Out More
If you have been paid less than you are entitled to.Find Out More
If you have been misclassified as the wrong employment category or as an independent contractor instead of employee.Find Out More
If you earn above the high income thresholdyou may be prevented from bringing an unfar dismissal claim.Find Out More
If you have been performance managed in a way that is not reasonable it may amount to workplace bullying.Find Out More
We can advise you in relation to the legal requirements for an employment contract, and prepare and update employment contracts for your business.Find Out More
Adero Law can assist your business in understanding the legal obligations relating to how and when employment may be terminated.Find Out More
Adero law can draft, or provide advice on workplace policy documents tailored to the bespoke needs and nature of you business.Find Out More
We can assist you in understanding workplace obligations relating to health, safety or other liability and draft tailored guides to implement.Find Out More
You may have been unfairly dismissed if you have been dismissed from your job in a manner that was:
If you are an employee who was covered by the national workplace relations system you may be able to make an unfair dismissal claim if you have been terminated by your employer, or you have been forced to resign from your position by your employer.
In order to be eligible to claim for unfair dismissal you must have engaged for the relevant minimum employment period, and meet one of the following criteria:
As of 1 July 2019 the high-income threshold is $148,700.
A worker may be made redundant when an employer decides either that:
Redundancies may occur for many reasons including a business restructuring, relocating, closing down, poor business performance or as a result of the introduction of new technologies. A genuine redundancy may occur when a person’s job is no longer needed and the employer has followed the appropriate consultation requirements.
A redundancy may not be genuine if a person’s job is still required to be done by someone, an employer has not followed the relevant requirements to consult with the employees about the redundancy or the employer could have reasonably given the employee another job.
Bullying and harassment may occur in the workplace if an individual or group of individuals act unreasonably towards a worker or a particular group of workers, or alternatively if the behaviour of an individual or group of individuals creates a risk to health and safety.
Behaviour that is unreasonable will depend on the circumstances but may include threats, intimidation, victimisation, or humiliation.
Examples of bullying and harassment may include:
An employment contact is a contract which sets out the terms and conditions of employment and are between an employer and an employee.
Although employment agreements can be verbal, they are often in writing and you should always retain a copy of any agreements that you enter in to for your records.
It is important to note that it is not legal for an employment contract to provide a worker less than the minimum entitlements set out in either the National Employment Standards, or the relevant award, enterprise agreement or registered agreement which applies to your employment.
Adero Law can provide advice relating to the minimum legal requirements for an employment contract as well as advice relating to any terms and conditions that may be including in your contract.
Unlawful workplace discrimination occurs when adverse action is taken against an employee or potential employee by an employer as a result of a protected attribute. There attributes may include:
Adverse action that might be taken by an employer against an employee as a result of a protected attribute may include doing, threatening, or organising:
The term ‘wage theft’ refers to the practice of employers underpaying workers. This occurs when a worker receives less than they are entitled to under a relevant award, enterprise agreement or registered agreement which applies to their employment.
‘Wage theft’ may include underpayment of wages, penalty rates, superannuation, overtime, commissions, or entitlements such as carers, sick and annual leave. In some circumstances it may also include an employer either forcing an employee to repay money that has been earned after it has been paid or alternatively, by making unauthorised deductions from the worker’s pay.
Sham Contracting may occur when a worker is engaged by an employer as an independent contractor when they are in fact an employee.
Some employers will attempt to engage employees incorrectly as independent contractors in order to avoid obligations relating to employee entitlements. When this occurs, it is known as “sham contracting”.
Sometime misclassification can occur by mistake resulting in an employer not providing the employee with their minimum entitlements and other employer obligations.
An employer also might:
According to the Fair Work Act 2009 (Cth) (FWA) a high-income employee is someone whose employment salary on a pro-rata basis is equal to or above the high-income threshold (as of 1 July 2019 the high-income threshold is $148,700) inclusive of non-monetary benefits such as a company car or a work phone, but not including superannuation or bonuses.
Claims for unfair dismissal in the FWA unfortunately preclude high income earners from protection. However, unlike unfair dismissal provisions a high-income earner may be able to bring a claim for general protections under the FWA or a claim for wrongful termination.
Instead of an unfair dismissal claim which alleges that a person was dismissed harshly, unjustly or unreasonably, a general protections application requires an employee to show that they have had adverse action taken against them due to:
A high-income earner may also be able to bring a claim in the Victorian Equal Opportunity and Human Rights Commission. Alternatively, a high income earner may have a claim for breach of contract.
Workplaces should establish effective performance management systems to manage underperformance. Underperformance in the workplace may include:
When reasonable management action is taken in the workplace in will not constitute bullying as long as it is carried out in a reasonable manner. However, if a staff members performance is managed in a manner which is not reasonable, it could amount to bullying.
An employment contract is a contract which sets out the terms and conditions of employment and are between an employer and an employee.
There are many different laws that govern the terms of an employment contract including wage rates, staff entitlements (like leave and superannuation contributions), taxation obligations, and workplace health and safety.
Adero Law can provide advice relating to the legal requirements for an employment contract as well as assist with the creation of, or updates to, an employment contract for your business.
An employee’s employment is terminated when their employment with an employer comes to an end. There are many different reasons for an employee being terminated and can include the employee resigning or being dismissed.
It is important that both an employee and an employer are aware of their respective obligations when employment is terminated, including whether dismissal is lawful or unfair, notice requirements and an employee’s final pay. Obligations for each party can also differ depending whether a business is bankrupt, or a job has been made redundant. It is important that a business is aware how it can or cannot dismiss an employee.
An employee may also have been unlawfully terminated if they are dismissed due to:
Employers can often prevent a future liability from arising if they have a clear understanding of their legal obligations and have implemented internal systems in order to follow established and enforced protocols.
Adero Law can assist you to draft any internal systems and processes for your business as well as to understand the obligations of both yourself and your employees in the event that employment has been, or is required to be, terminated.
Clear workplace policies that are communicated to employees and consistently enforced are beneficial for a workplace for many reasons. Depending on the workplace, it may be necessary to have documented systems in place including privacy policies, workplace health and safety policies, social media usage policies, email and internet policies, a staff code of conduct etc.
It is important for employers to understand that obligations may differ depending on which states and territories that their business operates in.
Adero Law can draft workplace policy documents for all of your legal requirements tailored to the needs and nature of your business.
It is vital that employers understand the legal implications of failing to take precautionary action in the workplace. For a workplace to ensure that it remains compliant it must always proactively check whether it is meeting its obligations under the relevant legislation, rules or regulations that govern it. It is therefore wise for workplaces to update their risk management procedures often and to ensure that they have put in place risk management systems to manage the following as examples:
Proactively implementing and enforcing risk minimisation strategies will assist your business in limiting any potential injury, harm and liability arising from any alleged potential breaches of your obligations in the future. Adero Law can assist you in not only understanding any obligations that you, as an employer may have but also in drafting clear and concise guides and policies that you can implement in your workplace.