Problems At Work

Problems At Work

Workplace challenges can arise from a variety of factors. At MKI Legal, we pride ourselves on our comprehensive knowledge and experience in assisting employees through difficult work-related circumstances.

Whether you are confronted with allegations, facing a possible termination, assigned to a performance management plan, or inaccurately classified as a contractor instead of an employee, we have the legal expertise to assist you to get a positive outcome.

How We Can Help

I Might Be Dismissed

If you think you might be dismissed, because of allegations, a show cause letter, a suspension or a performance plan, we can help you understand your rights, respond properly and, where it makes sense, negotiate an acceptable exit.

Allegations Against Me

We have lots of experience helping employees respond to false, exaggerated or out-of-context allegations. We can help you respond in a way that gives you the best chance of clearing your name, and where it makes sense, negotiate a mutually acceptable exit.

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 (a PIP). Here is what a fair process looks like and how to protect yourself.

Contractor Issues

We act for workers who were labelled contractors when they should have been employees. We can help you recover entitlements and superannuation, and seek penalties against the business. The law changed on 26 August 2024: the real substance of the relationship now decides whether you are an employee.

Show Cause Letters

Received a show cause letter? It usually means your employer is considering dismissing you or taking disciplinary action. Here is what it means, what a fair process looks like, and how to respond.

Suspension and Stand Down

Been suspended while your employer investigates, or stood down without pay? We explain the difference, when pay can be stopped, what to ask for, and how to protect your position.

Resigning or Forced Resignation

Thinking of resigning because work has become unbearable, or were you pushed? We explain when a resignation counts as a dismissal, the risks of resigning, and what to do first.

The Right to Disconnect

Since August 2024, most employees can refuse to monitor, read or respond to work contact outside their working hours unless the refusal is unreasonable. Here is how the right works and what to do if your employer pushes back.