Workplace Law

An unfair dismissal occurs when an employee is terminated in a way that is harsh, unjust, or unreasonable. This may include situations where:

• There is no valid reason related to performance, conduct, or workplace requirements
• Procedural fairness wasn’t followed, such as failing to allow the employee to respond to allegations
• The dismissal was discriminatory, such as being based on age, gender, disability, or another protected attribute
• The dismissal contravened general protections under employment laws, such as taking adverse action due to a complaint or inquiry

Our employment law team can provide expert legal advice to determine if you’ve been unfairly dismissed and whether you’re eligible to lodge a claim.

Eligible employees generally have 21 days from the date of dismissal to lodge an unfair dismissal claim with the Fair Work Commission. This deadline is strictly enforced, and exceptions are rare. Acting promptly is critical to ensure your claim is valid. Our expert employment lawyers can guide you through this process, helping you achieve the best outcome.

If you’re being bullied at work, you have several options to protect your rights and address the issue. You can apply for an anti-bullying order through the Fair Work Commission, which may direct the offending party to stop the behaviour. Additionally:

• Document the incidents, including dates, times, and specific details
• Report the bullying to your employer or HR department, in line with workplace policies
• Seek independent legal advice to explore further options, including legal claims under workplace safety laws or anti-discrimination legislation

Our experienced employment law team can help you determine the best course of action to resolve workplace issues effectively.

All employers should implement an anti-bullying and discrimination policy. After enforcing such policies, it is important to ensure they form part of training, induction processes and are accompanied by appropriate complaints processes and procedures.

These policies can help build a safe and inclusive workplace culture where employees are able to broach management with all issues. However, it is important to review these (and all policies) regularly to ensure they remain relevant and comply with changes to workplace laws.

Yes, if you’ve experienced discrimination based on age, gender, disability, or other protected attributes, you may be eligible to seek compensation. Remedies may include compensation for lost wages, emotional distress, or other damages, as well as orders to address systemic workplace issues. Claims can be lodged with bodies like the Australian Human Rights Commission or Anti-Discrimination NSW. Our employment law team provides professional advice on the best course to take for your situation.

If your workers’ compensation claim is denied, you can challenge the decision by disputing it with the Workers Compensation Commission. Steps include:

• Reviewing the insurer’s reasons for the denial and addressing any gaps in the evidence
• Gathering additional supporting documentation, such as medical reports and incident records
• Engaging workplace lawyers to represent your case at mediation or a court hearing

Our team offers legal aid to help you navigate disputes and secure the best possible outcome for your claim.

A redundancy is considered genuine under employment laws if:

• The employer no longer requires the position due to operational changes, such as restructuring or automation
• All reasonable opportunities for redeployment within the business or associated entities have been explored
• The process complies with workplace laws, including notice requirements and redundancy pay

If you suspect your redundancy is being used to dismiss you unfairly, experienced employment lawyers can review your circumstances to confirm its legality.

If you’re injured at work, you may be eligible for workers’ compensation benefits, which can include:

• Payment of medical and rehabilitation expenses
• Weekly payments for lost wages during recovery
• Lump-sum compensation for permanent impairment

You should report the injury promptly, document the incident, and seek legal counsel to ensure you access the full range of entitlements. Expert legal advice can help you navigate the claims process and address any workplace issues that arise.

Non-compete clauses are enforceable only if they are reasonable and necessary to protect legitimate business interests, such as trade secrets, client relationships, or confidential information. Courts assess these clauses based on:

• The geographic scope of the restriction
• The duration of the restriction
• The specific interests being protected

Unreasonable or overly broad clauses are unlikely to hold up in a court hearing. Our expert employment lawyers can review your contract and provide independent legal advice on the enforceability of non-compete clauses.

If you’ve been sexually harassed, you should:

1. Document incidents: Keep detailed records, including dates, times, and witnesses, if any
2. Report the harassment: Notify your employer or HR department following workplace policies
3. Seek legal advice: Legal counsel can help you file formal complaints with the Australian Human Rights Commission, a state anti-discrimination body, or pursue other legal claims

Taking timely action with the guidance of an employment law team ensures you take the best course to address the issue and protect your rights.

Small business employers and other organisations can minimise workplace disputes by:

• Establishing clear workplace policies on discrimination, bullying, and safety
• Providing regular training for employees and managers on workplace rights and obligations
• Ensuring employment contracts comply with workplace laws and are regularly reviewed by expert employment lawyers
• Promptly addressing complaints raised by employees to resolve issues early and fairly

Workplace lawyers can provide professional advice and practical support to help employers create a legally compliant and harmonious work environment.