At Lexmerca Lawyers, we understand that for most people, their work is one of the most important aspects of their life. If something was to go wrong, it would have the potential to cause stress and anxiety for you and your family. In times of uncertainty, our team can help explain your legal rights and work with you to achieve your desired outcome.
Whether you are an employee or an employer, Lexmerca Lawyers has the experience and expertise to represent your interests in employment law matters.
Preparation of Employment Contracts
Employment law has undergone significant reform in recent years. Understanding these changes is important when preparing employment contracts. Our lawyers stay on top of developments in their respective areas of practice, ensuring that all relevant details and any changes in law are carefully explained to clients when preparing employment contracts or updating existing contracts of employment.
Our team is experienced in drafting all types of employment contracts and documentation, individual flexibility agreements to vary the effect of various Awards, as well as any supporting policies and procedures. In addition, we can help you draft staff handbooks, settlement agreements, and letters for employees, such as disciplinary and grievance letters.
Breach of Workplace Rights
The Fair Work Act 2009 (FW Act) has increased protection for employees from adverse action by their employer in a number of areas, including workplace rights.
Adverse action from employers can take many forms and includes, among other things:
– Firing an employee – Discriminating between employees – Offering an employee less favourable terms and conditions for a job, compared to other employees.
Our team is able to provide advice to both employees and employers regarding workplace rights.
National Employment Standards (NES)
National Employee Standards are a set of 10 minimum workplace standards to which all employees working in Australia covered under the national workplace relations system are entitled. The Fair Work Ombudsman lists them as following:
- Minimum weekly hours of work – 38 hours per week, plus reasonable additional hours.
- Requests for flexible working arrangements – certain employees can ask to change their working arrangement.
- Parental leave and related entitlements – up to 12 months unpaid leave and the right to ask for an extra 12 months unpaid leave. Also includes adoption‑related leave.
- Annual leave – four weeks paid leave per year, plus an additional week for some shift workers.
- Personal/carer’s leave and compassionate leave – 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave as required.
- Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
- Long service leave – paid leave for employees who have been with the same employer for a long time.
- Public holidays – a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work.
- Notice of termination and redundancy pay – up to 5 weeks’ notice of termination and up to 16 weeks redundancy pay, both based on length of service.
- Provision of a Fair Work Information Statement – must be provided by employers to all new employees.
An employer can provide standards that are above what is included here, but these are the minimum that must be met. If your employer is not upholding all of the National Employment Standards, give our team a call to discuss your options.
Redundancy and Redundancy Entitlements
Not everybody will consider a redundancy a ‘golden handshake’. For many people, it may be completely unexpected and, depending on their situation, pose serious questions about their financial security. Like with all employment law matters, prompt action is important. If you do not agree with the redundancy decision, contact our team as soon as you are made aware of the offer. Our team can negotiate with your employer on your behalf, ensuring that you receive all of your contractual and statutory entitlements, such as the correct amount of leave and redundancy payout. At times where a redundancy occurs as part of an unfair dismissal, out team can advise of the options available to you.
Being unfairly dismissed from the workplace would no doubt be one of the most stressful experiences in life, not just for the individual, but also for their family. If you feel that your employment has been unfairly terminated, you can alleviate some of the stress from the situation by contacting our team of experienced lawyers, who have a good track record of successfully appealing termination decision. It is important to contact us as soon as possible, as all unfair dismissal claims need to be made within 21 days of employment termination.
Our team will treat your matter with discretion and provide you with information about all of your available options upon hearing your case.