Experienced employment lawyers in Melbourne

 

Our employment lawyers in Melbourne are experienced in providing advice and representation on a wide range of complex employment legal issues, from employment contracts, to unfair dismissals, adverse action claims, discrimination claims and underpayment claims.

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Employment Contracts

Employment contracts are an increasingly common way that an agreement to employ, or continue to employ, someone are made.  In such cases, you need legal advice from someone who is up to date with legal obligations under the various legislative schemes and awards framework.

 

In drafting an employment contract, or reviewing a contract that you have received from an employer or prospective employer, we can provide you with advice to make sure that the contract meets increasingly detailed legal requirements in accordance with your needs and instructions.

Unfair dismissals

Being dismissed from work, or having to dismiss an employee, is often a traumatic situation for all involved.  Rigoli’s Employment Lawyers are across the legal requirements and developments in relation to making, or defending, unfair dismissal claims.

 

If you are an employer, and you need advice about the possible termination of an employee, there are certain processes that you will need to follow beforehand to avoid the likelihood of unfair dismissal claims by providing procedural fairness or advice if a termination can be justified on summary (ie. Immediate) grounds.

 

If you are an employee and think that you have been unfairly dismissed, or are facing the risk of an unfair dismissal, we can provide you with advice about what necessary steps need to be taken to protect you and your employment, or, your rights if you have been dismissed.  There is a 21 day time limit from the date that you were dismissed, or received notice that you were dismissed, to make an application for unfair dismissal so you must act quickly in getting proper legal advice from those experienced in the field.

 

All of our employment lawyers in Melbourne have considerable experience preparing and defending cases of unfair dismissal.

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Adverse action claims

An adverse action claim is action taken by an employer including doing, threatening, or organising any of the following:

 

  • dismissing an employee (or group of employees)
  • injuring an employee or group of employees in their employment, or
  • altering an employee’s or group of employee’s position to their detriment on the basis of a number of unlawful grounds.

 

If you are an employer, you need competent legal advice by those with experience in the field about protecting yourself against a potential adverse action claim.

 

If you are an employee and believe that you may be being, or about to be, adversely affected in your employment and/or conditions for an unlawful reason, you need advice as soon as possible to protect your rights and the types of relief you can receive.

 

At Rigoli Lawyers, our Melbourne employment lawyers are across the types of relief, compensation and/or penalties that may be ordered by a Court in this type of situation.

 

Again, you need to act quickly if you think that an adverse action may apply to you as an employer or employee,. You have 21 days to make this type of application in the Fair Work Commission, or 6 years in other circumstances.

Discrimination claims

In Victoria, it is unlawful for an employer, club or individual to discriminate against an individual, or group of individuals, on the basis of a characteristic that you/or that person have, or that a decision maker reasonably expects you to have.

 

These grounds are: agecarer and parental statusdisability (including physical, sensory and intellectual disability, work related injury, medical conditions, and mental, psychological and learning disabilities), employment activitygender identity, lawful sexual activity and sexual orientationindustrial activitymarital statusphysical featurespolitical belief or activitypregnancy and breastfeedingrace (including colour, nationality, ethnicity and ethnic origin), religious belief or activitysexexpunged (expired) homosexual conviction or, on the basis of personal association with someone who has, or is assumed to have, one of these personal characteristics.

 

Federal legislation identifies a number of other attributes where it is unlawful to discriminate against a person or group of persons who have the same ‘attribute’.

 

It is unlawful to discriminate against someone on the above grounds if you are: offering or obtaining accommodation, if you run , control or are a member of a club, in the provision of education, in employment, in the provision of goods and services, regarding land sales and transfers, in local government or in sport or by a sporting club.

 

There are different types of discrimination, and relief, that you can seek if you make an application, or are faced with an application, either in Victoria or under Commonwealth law.

 

Applicants for discrimination claims have a number of different avenues to pursue to seek compensation, or other relief (such as provision of a service, facilities or accommodation) on the basis of discrimination.  At Rigoli Lawyers we are up to date with developments in discrimination law and the types of relief that can normally be ordered by the various Courts or the Equal Opportunity Commission or the federal Human Rights and Equal Opportunity Commission.

 

Make sure that you get the right advice the first time by consulting with Rigoli employment lawyers regarding your rights and responsibilities in this area.

 

If you may be the victim of sexual harassment, or accused of engaging in sexual harassment, seek legal advice immediately regarding your rights. Seek advice from lawyers with an understanding of workers compensation and industrial law regarding rights to compensation, penalties and fines.

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Underpayment claims

Industrial awards and employment contracts can be a complex area to navigate.  If you are an employer, make sure that you receive the right advice about minimum payments required to be paid to your employees and contractors to avoid a future underpayment claim or possible penalties or fines and adverse publicity.

 

We can help negotiate a commercial resolution to any underpayment claim or represent you with proceedings before a Court or the Fair Work Ombudsman and guide you through this confusing and changing area of law and entitlements.

 

If you are an employee, there are a number of different avenues to pursue in relation to an underpayment claim.  We can advise you in relation to your rights regarding your contract of employment or award.  If you have been underpaid, we can advise you as to the different avenues of relief and/or compensation that you can make to maximise any amounts owing to you.

 

Seek advice from employment lawyers in Melbourne who understand the complex area of awards, minimum conditions and industrial instruments, to make sure that you as an employer, or as an employee, are receiving the right amount of pay. Remember, time limits apply so the earlier you seek advice and assistance, the better able we are to be able to advise and assist you.