Employment Law
Workplace rights, contracts, dismissals, and employment disputes.
Employment law revolves around the contract between employer and employee (where there is an agreement to work in return for wages or salary). In Australia, workplace relations law is based on contract law. At the same time, it is regulated by both federal and state legislation. The ways in which these different branches of law intersect in relation to employment issues is complicated.
At Monardo Legal, we understand that the workplace can be a difficult environment to manage from a legal perspective. It is an area where different interests are constantly competing and disputes sometimes arise. We provide clear and practical advice that lets you know your rights and obligations so that your workplace dispute is managed as efficiently as possible.
For Employers: We provide advice on federal and state legislation (including occupational health and safety), the Fair Work Act 2009, superannuation, workers compensation, bullying, harassment, workplace investigations, drafting employment contracts, and preparing workplace policies and guidelines.
For Employees: We can assist with negotiating employment contracts, termination of employment, unfair dismissal, redundancy, underpayment of money, discrimination, victimisation, harassment, bullying, performance issues, education/training, award entitlements, leave entitlements, and post-employment restraints (such as non-compete and restraint of trade clauses).
Key FAQs: What is the difference between unfair dismissal and wrongful dismissal? In unfair dismissal, a court looks at whether a dismissal was harsh, unjust or unreasonable under the Fair Work Act. In wrongful dismissal, the court looks at whether the employer breached the employment contract. What is redundancy? Redundancy is termination where the job is no longer to be performed. Entitlements may include statutory notice, contractual notice, leave, redundancy pay, bonuses, and share options.
Our in-depth understanding of workplace relations law, and our experience in alternative dispute resolution, means we have the tools to help you negotiate through most employment law disputes.