Employment Law

Employment Law

Our team at Paula Sutherland & Associates has experience assisting both employees and employers with workplace issues and litigation.

We can assist with advice on recruitment, employment agreements, policies, disciplinary procedures, dismissal, redundancy, restraint of trade, confidentiality, OH&S and workers compensation obligations and/or entitlements.

How We Can Assist Employers

Our team can assist employers with drafting employment agreements to ensure that your business experiences smooth transitions when staff join or leave your organisation. A clearly drafted employment agreement can be the difference between an amicable separation between employer and employee or a dispute that results in time and money being spent. Clearly drafted employment agreements also assist with protecting your business through properly drafted restraint of trade and confidentiality clauses which continue once an employee leaves your employ.

If you are an employer who is considering dismissing staff or offering redundancies, we can advise you on your obligations to ensure a smooth transition of staff out of your business.

How We Can Assist Employees

Whether it is advice on an employment contract before you start in a role or advice while in a role, we can assist you in understanding your rights and obligations while at work.

If you are an employee who requires advice on unfair dismissal (see below), rights while employed or workers compensation following an injury then you should contact us as soon as possible as strict timeframes apply to many applications in the Fair Work Commission or the Workers Compensation Commission.

Unfair Dismissal Claims

Whether dismissing an employee or being dismissed yourself, the process attached to a termination can be stressful, uncertain and daunting for both parties involved.  Paula Sutherland & Associates is here to assist both employers and employees not only understand their rights and responsibilities following a termination, lawful or not, but also provide advice in relation to the management of potential terminations before they are acted upon.

Our experienced employment lawyers can provide assistance to:

  • Employees seeking advice in relation to warnings or actions taken by their employer alleging underperformance of the employee;
  • Ex-employees seeking advice in relation to making an unfair dismissal claim where they have already been terminated;
  • Employers seeking advice on how to undertake a fair process in disciplining or dismissing an employee; and
  • Employers seeking to defend an unfair dismissal claim against them.

There are a number of ways to consider a fair and due process for an employee when considering disciplinary action or termination based on such things as underperformance, tardiness, inappropriate behaviour or misconduct.

Once a termination has taken place and an employee believes there have been unlawful grounds for doing so, many factors have to be taken into account and time limits apply to the application being made to the Fair Work, if in fact an employee even meets the requirements of such an application. Paula Sutherland & Associates are experienced Fairwork Lawyers, and can provide advice on a number of issues including, but not limited to:

  • Applicable legislation and case law;
  • Application requirements and minimum employment periods;
  • Application timeframe for lodgement;
  • The Small Business Code;
  • Advice in relation to general protections;
  • Evidence of unsatisfactory performance, warnings, etc;
  • The scope of what is harsh, unjust or unreasonable dismissal;
  • Mediation, hearings and conferences;
  • Remedies and compensation; and
  • Discrimination and/or Bullying, including Tribunal appearances.

If you think you may have been unfairly dismissed; have a claim against you for unfair dismissal; or have any queries or concerns relating to the potential for a dismissal, please call Paula Sutherland & Associates to discuss.

For more information, please contact aula Sutherland & Associates to discuss.

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