Unfair Dismissal
Dismissals are stressful and can be an expensive exercise for both employees and employers.Regardless of the side you are on, Noble Law’s experienced and professional solicitors have more than 20 years of experience behind us and we will get the results you want.If you have been dismissed or are contemplating dismissing an employee, we will step out all the legal options available to you and assist you in making the right decision in your legal dispute.
EXPERTISE IN EMPLOYMENT LAW
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General Protections Claims
Beware your response to any employee who makes a workplace complaint.
The Federal Court has made it clear that a finding of adverse action by reference to a complaint does not depend on the truth or substantiation of the subject matter of the complaint but rather on the fact it was made.
Such actions are called General Protections claims and are the most complex matters to defend. You will need to seek advice early.
It is not permitted under the law to terminate or demote an employee because they exercised a workplace right such as making a workplace complaint. A workplace right can include making a complaint regarding allegations of bullying, discrimination, pay or conditions at work, being absent from work, or seeking union support in a matter. Workers are also protected against employers who threaten or coerce them not to exercise their workplace rights. Complaints in the workplace may be:• true or untrue; • trivial or serious; • based on a person’s subjective perception rather than reality; • genuine or made for an ulterior purpose; • purely personal about a work colleague and not related to employment; or • communicated informally (for example, in person or email) or more formally. Damages awarded in these matters, can include compensation for distress and humiliation to the employee. Penalties can also be awarded of up to $63,000 against the corporate employer and more significantly directors and managers found to be involved in the breach can be liable for up to $12,600 each. General Protections claims are also on the rise, so contact us for cost effective and sensible legal advice if you find yourself or your company on the receiving end of one of these claims. We have experience and success in these matters, having not lost a case yet.
It is not permitted under the law to terminate or demote an employee because they exercised a workplace right such as making a workplace complaint. A workplace right can include making a complaint regarding allegations of bullying, discrimination, pay or conditions at work, being absent from work, or seeking union support in a matter. Workers are also protected against employers who threaten or coerce them not to exercise their workplace rights. Complaints in the workplace may be:• true or untrue; • trivial or serious; • based on a person’s subjective perception rather than reality; • genuine or made for an ulterior purpose; • purely personal about a work colleague and not related to employment; or • communicated informally (for example, in person or email) or more formally. Damages awarded in these matters, can include compensation for distress and humiliation to the employee. Penalties can also be awarded of up to $63,000 against the corporate employer and more significantly directors and managers found to be involved in the breach can be liable for up to $12,600 each. General Protections claims are also on the rise, so contact us for cost effective and sensible legal advice if you find yourself or your company on the receiving end of one of these claims. We have experience and success in these matters, having not lost a case yet.
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EMPLOYMENT CONTRACTS:
It pays to have the best contracts and agreements in place from the beginning.Both parties need to be on the same page in employment agreements. It’s a two way street.There has been a significant shift in employment contracts and Noble Law is at the cutting edge. We have the latest "visual" employment contracts specific to your industry, and advise on awards, pay rates and wages, bonuses and commissions, advise on critical clauses that will protect your interests in the event of a dispute.If a dispute occurs, we are ready to advise and act on your behalf to give you sensible and cost effective legal solutions to difficulties in employment matters.
