Employees

Unfair Dismissal Lawyers

We created a comprehensive guide explaining everything you need to know about unfair dismissal, and we also discuss another termination claim called general protections.

General Protections

Many people have heard of unfair dismissal but not many have heard of general protections. Unlike unfair dismissal, there are far fewer restrictions on who can lodge a general protections claim and there is no compensation cap.

What To Do If You Have Been Dismissed

Losing your job is never easy, but it doesn't have to be the end of the world. This article provides a roadmap of what to do if you have already been dismissed. It details actionable steps you should take immediately after dismissal.

Manager & Executive Dismissals

If you are a manager or an executive, MKI Legal has experience assisting people in your situation deal with the extra complexities arising from your type of dismissals.

I Might Be Dismissed

If you believe there is a chance you might be dismissed, we can help you understand your rights and if required, negotiate an acceptable exit from the company, which often involves payment of compensation and protection of your reputation.

Allegations against me

We have lots of experience defending employees from false or trumped up allegations. We can help you respond in a way that maximises your prospects of clearing your name. Sometimes, this may be an opportunity to negotiate a mutually acceptable exit from the company.

Performance Management

We’ve advised many employees who are being performance managed, have had allegations of poor performance made against them or have been placed on a formal performance improvement plan (eg a PIP).

Contractor Issues

We have experience acting for contractors who have been incorrectly classified as a contractor, when they should have been classified as an employee. We can help you obtain your entitlements, superannuation, and potentially have a civil penalty imposed against the company. The High Court made a significant change to the laws that govern this area in January 2022.

Bullying

The Fair Work Act 2009 defines bullying at work as an individual or group repeatedly behaving unreasonably towards a worker or group of workers at work. This behaviour must also create a risk to health and safety.

Sexual Harassment Lawyers

Sexual harassment is essentially, unwelcome conduct, remarks or innuendo of a sexual nature. It may involve a person harassing a member of the opposite sex or of the same sex. There are consequences for breaching this law, including paying compensation to the victim.

Employment Contract Review

MKI Legal can help you review your employment contract to ensure that your rights are protected. We can advise you regarding restraint of trade, confidentiality, remuneration and if there are any unusual terms.

Executive & Managers Contract Review

If you are an executive or a manager, MKI Legal can help review and if necessary amend your employment contract to protect your rights. We help you understand and deal with restraints that prevent you from working in the industry after your employment ceases, ensuring that bonuses and commissions are paid in a fair way and ensuring compliance with often missed workplace laws such as Part 2D.2 of the Corporations Act (which if breached requires an executive to repay their settlement money).

I've Been Underpaid

If you've been underpaid, we can assist you to obtain your wages, salary and entitlements. There are also consequences for the company for underpaying employees which include penalties being imposed against the company and individuals involved in the contravention.