How can we help you?
Termination of Employment
Our expert employment lawyers can assist you in every stage of challenging a dismissal and getting compensation.
Employee Entitlements & Contract Review
We can help you by reviewing your employment contract and advising you on your rights.
Discrimination, Bullying & Harassment
We are experts in conducting discrimination, bullying and harassment claims, and we can assist you in getting a positive outcome.
Contact us if you are being performance managed so we can guide you on how to respond and what steps to take.
Latest Blog Posts
A constructive dismissal is usually an involuntary resignation by the employee because the employer has made unbearable the employee’s working conditions, working environment, or terms and conditions of the employment. A constructive dismissal is a forced resignation. The employee resigned because the employer acted with an intent to end the... Read More
MKI Legal is a specialist employment law firm which provides employment law advice to business, employee and contractor clients. Whether you are an employee, business or contractor we can provide assistance with all aspects of employment law. What Assistance Can I Get if I’m an Employee? If you have been... Read More
The recent Coronavirus (COVID-19) outbreak has raised the need to balance the health and safety concerns which an employer may have, and being mindful of not discriminating against employees. The existence of Coronavirus has resulted in a number of businesses shutting down their operations and changing the way which they... Read More
Choosing to engage a law firm to assist you with your employment matter can be a daunting task. There are a number of factors to consider whether you are seeking assistance to prepare or review employment contracts, to manage employee performance, to assess your options following a dismissal, or if... Read More
Don't fire an employee for no reason In considering whether a dismissal was harsh, unjust or unreasonable, the Commission will take into account whether there was a valid reason for the dismissal to occur. Typically, for a dismissal to be for a valid reason, the reason should either: relate to... Read More
Have you been recently terminated from your employment? Or do you feel as though you might be fired soon? Have you felt like you have been discriminated against whilst at work? Or do you get the feeling that your employer might not be paying you your full employee entitlements? Unfortunately,... Read More
It is unlawful to discriminate against an employee in the workplace based on: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin (protected attributes). It is unlawful for an employer to discriminate against an... Read More
What are general protections? General protections are outlined in Chapter 3, Part 3-1 of the Fair Work Act 2009 (Cth) and include: protection from adverse action because you have, you have exercised or propose to exercise a workplace right under section 340 of the Fair Work Act 2009 (Cth); protection... Read More
According to the Fair Work Act, an unfair dismissal can take place in several ways. Typically, for a claim of unfair dismissal to be successful, the Fair Work Commission will need to be satisfied that an employee was dismissed by their employer in circumstances that were: harsh, unjust or unreasonable; ... Read More
What is underperformance? Employees are expected to perform the tasks assigned to them to the standards set by the employer. Standards of work performance vary from time to time because businesses modify their operations, procedures and processes to increase their productivity. Underperformance occurs when employees fail to meet the expectations... Read More
WHAT IS AN UNFAIR DISMISSAL? Under s385 of the Fair Work Act, a dismissal is unfair if it was harsh, unjust or unreasonable. Under s.387, a dismissal is harsh, unjust or unreasonable if: There was no valid reason for the dismissal that relates to the employee’s capacity or conduct; The... Read More
An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management. Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards. The Employee Must Be Given a Warning However,... Read More