WA Employment Law
Professional And Experienced Employment Lawyers
Human Resources and Employment Lawyers in Perth, WA
Whether 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.
Employment law involves unique procedures that need to be managed correctly, whether you are an employer or employee.
At Vibe Legal, our lawyers combine their legal knowledge with significant personal experience in business, to benefit our clients. We know from experience that the management of your business often demands a quick response and advice that is both practical and commercially aware. We aim to deliver a professional service that meets your demand.
Areas of Employment Law
Unfair Dismissal Before the WAIRC
Contracts of Employment
Issues regarding employment contracts can arise at any stage of the employment relationship. You may be seeking legal advice about whether a contract you have been offered by a prospective employer is “fair”. Alternatively, if your employer is proposing to “update” your current contract with a new one, you may want to know how this will affect your rights and obligations. Or you may be in dispute with your employer about the interpretation of a clause, and you want 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 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:
- Maximum weekly hours; and
- requests for flexible working arrangements; and
- parental leave and related entitlements; and
- annual leave; and
- personal/carer’s leave, compassionate leave and unpaid family and domestic violence leave; and
- community service leave; and
- long service leave; and
- public holidays; and
- notice of termination and redundancy pay.
Similarly, if you are covered by a modern award or enterprise agreement, then 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.
Bullying and Harrassment
Everyone has the right to be treated with dignity and respect and feel safe and valued in the workplace. Unfortunately, many employees will experience bullying from peers, subordinates and/or management during their working life.
Bullying can have severe impacts on both the employee and employer. It may result in psychological injury to the employee and, consequently, the employer could be burdened by worker’s compensation case and/or be sued for negligence.
Whether you’re an employee looking to lodge a workplace harassment and discrimination claim, or an employer facing these claims, we’re here to help!
Restructuring and Redundancy
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:
- Is there a redundancy situation?
- Changing terms and conditions of employment
- Consultation – how long for and what is involved?
- Are selection criteria required and if so, what should they be?
- Bumping
- Enhanced redundancy payments
- Potential relocation
- Restructures and reorganisation
- Do you need to pool your staff?
- Redeployment – are you required to offer alternative roles?
- Appeals against redundancy
- Settlement Agreements
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.
Performance Management
If your employer has placed you on a performance management plan, that means that they have concerns with your employment. If you believe that it is uncalled for, we recommend contacting us for some advice about your matter.
Being placed on a performance management plan does not mean that your employment will come to an end. In most instances, employers are trying to improve your performance to ensure your success in the role and longevity of employment. Of course, there are times where we have seen unreasonable actions from the employer, if you believe this is you, we recommend contacting us for some advice about your situation.
If you are placed on a performance plan that you are uncomfortable with, you may want to speak to your employer about it. If that fails or want help speaking to your employer, then you can engage someone like us to assist you.
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.
Termination of Employment
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 its terminating an individual, making an individual redundant or defending an unfair dismissal claim.
We can give you quick and affordable advice on your options.
Enterprise Bargaining
Most employees in Australia are covered by an award or enterprise agreement. If you are one of them, you may be entitled to rights in addition to those in your contract.
All employees are entitled to the National Employment Standards, also known as the NES.
If your employer breaches an award, enterprise agreement or the NES you may recover compensation and potentially penalties for the breach.
Employment law can be complex. We can help you understand the industrial instruments as they apply to you and ensure you access your full range of entitlements. We specialise in recovering unpaid wages and entitlements and seeking penalties for contraventions of the Fair Work Act 2009.
Workplace Policies
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.