An employee’s position is made redundant when an employer no longer requires that position to be performed by anyone. It is important as an employer that you understand the laws around redundancies to ensure you comply with your legal obligations and minimise the risk of legal proceedings. [...]
An employee’s position is made redundant when an employer no longer requires that position to be performed by anyone. It is important as an employer that you understand the laws around redundancies to ensure you comply with your legal obligations and minimise the risk of legal proceedings. [...]
The most common trigger for an employment related claim is an employee feeling aggrieved in relation to the termination of their employment. It is vital to have a valid reason for the termination and follow a proper process. Each termination differs due to the circumstances relevant to that particular employee and the business at the time of the termination. [...]
Unfair dismissal is the most common claim made by dismissed employees or employees who feel they have been forced to resign. As an Employer, in order to defend an unfair dismissal claim, you will need to establish that you: had a valid reason for the dismissal; and that you followed a fair procedure leading up to the termination; and [...]
General protection claims, also referred to as adverse action claim, are increasing in popularity amongst employees, particularly if they seek legal advice or are a member of a union. Typically, general protection claims are commenced where an employee believes that adverse action has been taken against them (e.g. they were dismissed) because [...]
Restraint of trade clauses in employment contracts can be a useful tool to protect your business if a key person leaves your employment. Without a restraint of trade clause, an employer has virtually no grounds to prevent an employee from going to work for a competing business or from soliciting your clients or employees for a competing business. [...]
Employees and employers may make a claim alleging the other party has breached the employment contract. Some examples of where this may happen are: Where one party considers the other party has not complied with an express or implied term of the employment contract; Where an employee considers they have not been given ‘reasonable notice of termination’ of their employment; [...]
It is common for issues to arise in the workplace and for an employer and employee to reach an agreement whereby the employee will exit their employment on amicable terms. Where agreements of this kind are made, it is vital that they are recorded in a properly drafted settlement agreement, such as a Deed of Settlement and Release. [...]
Public sector employers are governed more by State based legislation, but the principles are generally the same to those in the Federal workplace relations system. Our Employment Lawyers are well versed in the legislation that applies to public sector organisations and can assist with all employment law matters arising for public sector employers. [...]