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 dismissed
Depending on whether you fall under the state or national system of employment laws, this will impact the type of claim you can make. We can assist with providing advice about your termination and whether you have recourse to make a claim against your employer.
Where you fall under the national system of employment laws and your employer has dismissed you because of a prohibited or protected reason, for example, because you made complaints or inquiries in relation to your employment or due being temporarily absent from work, you may be able to make a general protections claim.
Where you have been dismissed and you are not provided with a reason for your termination or there are procedural deficiencies with the dismissal process, you may be able to make an unfair dismissal claim.
We can assist employees in their dismissal-based claims through drafting their application, representing them at mediation or conciliations (including finalising any settlement agreement reached) and representing them at a hearing.
If you are experiencing bullying at work
If you are being bullied at work you may be able to make an application to the Fair Work Commission for a Stop Bullying Order.
If you are being discriminated against at work
Under both the Fair Work Act and Discrimination legislation you may be able to make a claim against your employer if you are being discriminated at work.
Under the general protections provisions of the Fair Work Act, you may be able to make a during employment claim if your employer takes adverse action against you (which can include reducing your pay, demoting you, changing your roster or issuing a written warning against you) because of a discriminatory reason (for example because of your 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).
You may alternatively be able to make a claim under state or federal anti-discrimination laws.
Review/Negotiate your Employment Contract
If you are starting a new job we can conduct a review of your employment contract to ensure that it meets the minimum requirements under law and advise about any notice, probationary, confidentiality and restraint clauses and your obligations.
Assist with Performance Management
If you are being performance managed we can assist by providing advice in relation to that process as well as review your performance improvement plan and correspond with your employer.
Assist with Over/Underpayments
If you are concerned that you have not been paid correctly in accordance with you contract or under your award or agreement, we can assess if you have been underpaid and advise what you are entitled to.
In the event that you employer has advised that they have overpaid you, we can assist with negotiating a solution with respect to the overpayment.
Respond to Allegations
If you have been provided with allegations from your employer, we can assist with responding to these allegations as well as advising on your entitlements under your contract during a stand down.
Advise on your Entitlements under the National Employment Standards/Minimum Conditions of Employment and Award/Agreement
We can advise on your minimum entitlements under law in terms of leave entitlements, maximum hours of work and requesting flexible working arrangements and your options if you have not received these entitlements.
Likewise, we can advise on your entitlements under your award or agreement and advise on your options if you employer has not been complying with your award/agreement.
Advise on your Rights if your employer is Considering Restructuring/Redundancies
If your employer is restructuring and making your role redundant we can advise on what your entitlements in terms of the correct amount of redundancy pay if you are made redundant. If your employer is considering redundancies, we can advise if your employer is complying with consultation requirements. If your redundancy is a sham, we can also advise on your options in relation to making a dismissal-based claim.
Review Settlement Agreements
If you have made a claim and reached an agreement and want to ensure that the terms of that agreement are fair and reasonable, we can provide advice in relation to that agreement.
What Assistance Can I Get if I’m a Business?
Drafting and Reviewing Contracts and Assistance with Preparing Policies and Procedures
We can assist with preparing draft employment contracts and review your existing contracts to ensure that your employees are being paid in accordance with their entitlements as well as provide measures to protect your business in terms of confidential information and restraints of trade.
We can also assist with preparing policies and procedures to protect your business.
Assistance with Termination Process and Responding to Claims
If your business is considering the termination of one of your employees, we can provide advice in relation to the process which you should follow to avoid or reduce your risk in terms of a dismissal-based claim.
We can also provide assistance responding to a dismissal-based claim in terms of preparing a response, representing your business at mediation or conciliations (including finalising any settlement agreement reached) and representing your business at a hearing.
Assistance with Performance Management
If your business is considering performance management, we can provide assistance in terms of drafting policies and procedures for that process, how to implement a performance management plan and what should be included in that plan/procedure to reduce your risk for being subject to a claim from your employee.
Assistance with Workplace Investigations
If your business has allegations of bullying, harassment or misconduct, we can undertake an independent investigation process in relation to those allegations to minimise your exposure to a dismissal-based claim, should the outcome of that investigation be that the involved employee’s employment is terminated.
Advice on Restructures and Redundancies
Changes to technology and the market as well as cost-saving measures can sometimes require a change to how your business is run. If your business needs to restructure in order to maintain its competitive advantage, we can assist with advising on how that process should be undertaken, what is required for effective consultation and what entitlements a redundant employee is owed.
Advice on Award Compliance
Some employees are covered by Awards. These awards set out the minimum entitlements which these employees are required to receive, such as minimum rates of pay and when breaks should be given. Failure to provide these entitlements can mean a breach of an award, thereby exposing your business to a claim by these affected employees. We can assist with providing advice in relation to what award (if any) your business/employees would be covered by and advise on what entitlements your employees should be provided under their award.
Absence Management
If your business has employees who have been absent from work due to illness or injury, we can provide advice about how to manage an employee’s return to work. We can also provide advice about your options if you have employees who have been absent for an extended period of time.
Read More
Misconduct at a work-related social event is a valid reason for dismissal
Excessive personal texting for a private side business whilst at work a valid ground for dismissal
Sexually harassing conduct weighs against harshness of dismissal
Insubordination caused by disagreeing with employer’s actions is a valid reason for dismissal
Evidence of mild autism is insufficient to excuse sexually harassing conduct
Dismissal for carrying on a consensual romantic affair with student, unfair and unreasonable
Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh
In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause
