Employment Lawyers, Workplace & Industrial Relations Law

If your business is considering entering into an enterprise agreement, you should seek legal advice. Legal Kitz employment lawyers can assist with ensuring that your enterprise agreement is drafted so that you may avoid disputes from vague terminology or missing essential clauses for the operation of the enterprise agreement. 

Victimisation in the context of employment law occurs when the unlawful treatment of a person occurs within the workplace. Such acts of victimisation occur when the actions of an individual or group of people subject or threaten to subject another person to any detriment. The main feature of victimisation is when a person feels that they are being punished for speaking out or they are inhibited from raising their concerns due to the repercussions that follow in doing so. 

An example of when a person may be victimised is when:

• A person who has complained to their manager or colleague about being targeted or discriminated against. 
• A person has ‘blown the whistle’ on illegal activity by reporting the misconduct to the appropriate authoritative members, whether that be internally within a business or externally to the Police or Fair Work Commission. 
• A person who has received threats of harm or punishment.
• A person who is excluded from social events, and opportunities or have been demoted for no plausible reason based on work performance. 
• A person who has been abused, belittled, insulted or criticised. The person may feel that they are unable to share their views and values without the fear of being punished or berated. 

The next step is to seek legal advice as each circumstance and policy is unique to each business. At Legal Kitz, we can help you understand more about victimisation laws and employment law matters.

In a business, it is crucial to understand how equal employment opportunity laws protect the interests of individuals and job applicants who are entering a new workplace. Both at a federal and state level, these laws are enacted to protect the interest of individuals and ensure that the actions of employers are not of a discriminatory nature towards current and future employees. 

The enactment of such laws ensures that during the job application process, employers are not discriminatory at any stage of the employment process, whether that be in the job advertisement, interview process or in the final determinations of an applicant’s application. This offers potential employees security and equal opportunity in their application to gain employment within any business. 

It is crucial as a business owner to ensure that you are following these laws. Implementing policies that announce your stance on the matter would likely reduce discrimination from occurring as employers and employees are clear on the expectations set by the business. 

At Legal Kitz, we understand that equal employment opportunity laws contain a lot of information that you must grasp and drafting a policy can be complex. If you are considering implementing an equal opportunity policy or require further guidance you should seek legal advice. Legal Kitz employment lawyers can assist with ensuring that your business is meeting your obligations as an employer to your current or future employees.  

In the assessment of unfair dismissal, the Fair Work Commission will assess whether a dismissal is harsh, unjust, or unreasonable. The following reasons will be taken into consideration by the Fair Work Commission in their assessment of a claim:

• Whether the employer had a valid reason for the termination of the employee;
• Whether the employee was correctly notified of this reason;
• Whether the employee was given the opportunity to respond to the claim; 
• Whether the employer refused the employee any reasonable support or the presence of a support person during the process of discussing the termination;
• Whether the employee was made aware of the concern raised by the employer as to the reasoning for the termination;
• Whether the employer’s business will be likely impacted following the termination, raises other concerns for its operations;
• Whether there was an impact on the procedure of the dismissal or if there was an absence of a human resource manager or expert in handling the matter; and
• Any other consideration that the Commission considers to be relevant factors. 

At Legal Kitz, we can provide assistance if you are an individual seeking guidance on their dismissal or if you’re a business wanting to terminate an employee. Our Legal Kitz employment lawyers can assist with ensuring that your concerns are heard and provide you with advice that is tailored to your situation.