MKI Legal has experience assisting businesses comply with the often difficult and onerous obligations under the Fair Work Act. We simplify all this complexity to help ensure your business remains compliant.
A breach of Fair Work Act can result in penalties being imposed against the business and any individuals involved. We can help you with employment contracts and workplace policies, managing or terminating employees, defending claims against your business, dealing with the Fair Work Ombudsman and many more workplace issues.
How We Can Help
Managing and Ending Employment
If your business needs to manage or terminate an employee, we can guide you in a way that complies with the Fair Work Act, minimising the chances of your business being sued for a breach of the unfair dismissal or general protections provisions of the Act.
Defend a Claim Against The Business
If an employee has made a claim against your business, we can defend your business and negotiate on your behalf. Normally, the first step in a claim is for the parties to attend compulsory mediation. Many claims by employees are settled.
Has your business underpaid its employees by not providing award entitlements such as overtime and penalty rates, not providing allowances under the award or paying below the minimum rate? If so, we can assist your business go through the necessary process of correcting the mistakes made. This will help reduce the chances of penalties being issued against the business and individuals involved. If required, we can deal with a Fair Work Ombudsman on your behalf.
Employment Contracts & Policies
We can assist in preparing employment contracts and workplace policies that safeguard your business from potential threats such as employees poaching your staff, taking confidential information, or working for a competitor. We can also help protect your business from claims for breaching the Fair Work Act or an award.
Fair Work Ombudsman Investigations
If an employee has made a complaint about your business to the Fair Work Ombudsman or the Ombudsman is investigating your business, we can help. We can represent you and advise you on all the steps to take to ensure the situation does not get any worse and that the business complies with its obligations under the Fair Work Act.
Business Restructure & Redundancy
If you are considering making employees' positions redundant, we can ensure that the correct process is followed to reduce claims from employees. A genuine redundancy needs to be carried out in a way that complies with strict criteria under the Fair Work Act.
If a staff member has engaged in misconduct, we can help you conduct an investigation in a manner that meets expectations set by the courts. Having a lawyer involved also gives you access to legal professional privilege, which keeps matters confidential and away from the court. This is particularly helpful if there are sensitive matters being investigated.
We can assist you in setting up your contractor documents and arrangements lawfully. If the contracts are improperly drafted or the arrangements not properly followed, the business can be sued for misclassifying a person as a contractor when they should have been classified as an employee. This exposes the business to penalties and also requires the business to repay entitlements up to six years.