In the complicated world of labor, employment attorneys are needed in order to represent both employers and employees alike. Sometimes, you need assistance negotiating a new contract; other times, you and your employer disagree over contract terms, bonuses (or lack thereof), or performance-related problems like termination. It’s a positive thing that both employers and employees have access to employment lawyers.
But what are the roles and obligations of employment lawyers? Furthermore, how will you know when you actually need their expertise? This post will provide you with answers to all of your queries.
Which Lawyer Must I Hire For Workplace Issues?
We recommend that you discuss your employment problem with an employment lawyer who specializes in these areas. This will enable you to identify issues and assert your rights more immediately.
What Is Unfair Dismissal?
When a person is fired without reason, this is known as unjust dismissal. To qualify, you must satisfy specific requirements, such as the kind and duration of your job. You may either engage an employment lawyer or go to the FWC’s website. You have the legal right to seek reinstatement or restitution. A wrongful dismissal suit consists of two stages, one of which is mediation with your former employer.The FWC may undertake an inquiry in such situations.
Can I Be Fired Without Cause?
In severe situations, yes. Examples include theft and workplace violence. You should be notified of any problems with your performance or behavior prior to dismissal. There are no hard and fast rules.
It is a common misconception that you must get three warnings before being dismissed. Employees who are fired without cause (particularly for claimed poor performance) may be considered unjust.
Is My Unjust Dismissal Compensated?
The maximum award for wrongful dismissal compensation is six months’ salary or reinstatement. It is very uncommon for candidates to get the full amount of pay.
Who Is Not Eligible To File An Unjust Dismissal Claim?
There are certain prerequisites for filing a wrongful dismissal claim. Employees of small businesses who have worked for a larger firm for six months may be eligible for full-time or part-time permanent positions.
Those who are not eligible to file an unjust dismissal claim include:
- Employees with expiring fixed-term contracts
- Those in apprenticeship or training programs
- The high-income threshold (now $153,600 without superannuation, revised yearly)
- Those eligible for the new award
- Properly laid-off employees
What Wide Protections Do Workers Have?
Employees cannot be fired for reporting workplace discrimination, taking sick leave, or exercising workplace rights including filing complaints or participating in union activities. For general protections, no claim for duration or kind of labor is needed. Unfair dismissal must also be notified to the Fair Work Commission within 21 days.
When Should I Consult an Employment Lawyer?
For guidance on employment law issues, such as being summoned to a meeting that may impact your job, you should contact an employment lawyer. You should also consult with an employment lawyer as soon as possible so that you may receive advice on your case and take the necessary measures to preserve your job
What If I Apply And My Eligibility Is Questioned?
If an employee makes an accusation, the employer may oppose it on the basis of jurisdiction. This is first addressed during the jurisdictional hearing. If your eligibility is disputed, you may seek legal advice or obtain documents outlining your rights via the Fair Work Commission.
Is Sexual Harassment Protected By Law In The Workplace?
The Equal Opportunity Commission in Perth will handle the complaint and undertake a conciliation process. If conciliation fails, the matter will be heard at no cost by the Civil and Administrative Tribunal..
What If I Lose My Employment Case?
The Fair Work Act is a no-fee jurisdiction, which means that if you lose your case, you will not have to pay the other parties’ legal fees. The only exception is if you filed a lawsuit vexatiously, with the intent to frustrate, or with no merit.
Employment Lawyer Perth
An employment Lawyer Perth offers customized solutions to customers in need of legal assistance on a variety of problems including Family Law, Wills and Estate Planning, Corporate & Commercial Law, and Property Law. Furthermore, they have a well respected Dispute Resolution team that can help with both business and personal issues, as well as criminal law.
Quality Legal Representation in Perth and Across Australia
For almost a century, WA HHG Legal Group has been helping Perth companies, governments, and people. By offering proactive, high-quality advice, our committed attorneys guarantee that every client gets the finest legal services possible.
If you need competent, precise, and pragmatic legal assistance, Perth attorneys can assist you. When dealing with legal problems, it is essential to work with a reputable and competent law company.
Conclusion
Across-industry employment has lately grown substantially. Employees law issues develop in tandem with companies and employment.Every year, a significant number of people go to court to address workplace-related problems. If you end up being in a similar position, you should consider speaking with an employment lawyer.
An employment Lawyer Perth firm is ready to assist you and defend your case in court. If you are an employee who has been wrongfully terminated or forced to work in hazardous circumstances without adequate compensation, you have the right to sue.
