Whether you are an employer or employee, Employment Law involves unique procedures that need to be managed correctly. If you are drafting or reviewing employment policies or contracts, hiring, firing, or defending an employment claim, consulting with a lawyer can help you navigate complex legal issues associated with employment matters.
At Vibe Legal, we are consistently engaged to support both individuals and businesses who are dealing with Human Resources or Employment Law legal matters. Understanding that work-related issues can be emotionally difficult, our focus is on resolving your matter as quickly as possible and with minimal stress for the involved parties.
Vibe Legal has experience in all facets of Employment Law. If you’re unsure what service or support you need, please reach out to our helpful team. We are more than willing to walk you through what is best for your individual situation.
Everyone has the right to be treated with dignity and respect and feel safe and valued in the workplace. Unfortunately, many individuals will experience bullying from peers, subordinates and/or management during their working life – the consequences of which can be severe on both the employee and employer. In addition to psychological injury to the employee, the employer could be burdened by worker’s compensation case and/or be sued for negligence. Vibe Legal can assist with lodging workplace harassment and discrimination claim – or provide legal advice to employers who may be facing these claims.
Employee performance is also affected by the way people are managed in the workplace. Employees generally expect that everyone is treated fairly and equitably when it comes to things like entitlements, grievances, promotion, termination, etc. They expect (and are entitled) to be able to come to work in an environment that is free from discrimination, harassment, and hostility cause by bullying behaviour.
The best way of ensuring this occurs is to have workplace policies and procedures that are transparent to everyone and, most importantly, are enforced by management in a fair and consistent manner.
Issues regarding employment contracts can arise at any stage of the employment relationship. You may be seeking legal advice on whether a contract you have been offered by a prospective employer is ‘fair’. Alternatively, if your employer is proposing to update your current contract you may wish to know how this will affect your rights and obligations. You may also be in dispute with your employer about the interpretation of a clause and require legal assistance to help resolve the stalemate.
Regardless of what is stated in your contract, our employment contract lawyers can advise you of certain rights which are guaranteed by legislation. Your employer cannot ‘contract out’ of the 10 National Employment Standards (NES) in the Fair Work Act 2009 (Cth), known as the ‘NES’, by stating something in your contract which is inconsistent with the NES. If they do, the relevant clause will be invalid to the extent of the inconsistency.
The NES relate to the following matters:
Similarly, if you are covered by a modern award or enterprise agreement, any individual contract between you and your employer will be read subject to the terms of the award or agreement. Whatever the situation, we can help you to understand, negotiate and enforce your contractual rights and obligations.
In these difficult times, many businesses are finding they need to restructure and reorganise their workforce. It is vital to ensure this is handled as smoothly as possible to protect the business and avoid the risk of claims. We can give practical advice on the process you and your managers need to follow in relation to matters such as:
We have many years of experience between us of advising on redundancy and restructure situations in organisations of all sizes. We can help support you and your managers to enable you to handle these difficult situations as smoothly as possible.
If you are dealing with a potential restructure or redundancy situation, we are happy to discuss how we could help you – please contact us.
We can discuss the circumstances of the performance management plan and if you feel that it is not fair or want it to be amended, we can assist you in engaging with your employer so that any issues may be resolved.
When a workplace relationship comes to an end, you need certainty about the outcome. You also need to protect your business from litigation resulting from termination of employment.
We can provide you with the help you need, whether it’s terminating an individual, making an individual redundant or defending an unfair dismissal claim.
We can give you quick and affordable advice on your options.
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