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Get an Expert Employment Lawyer on Your Side

Whether you’re an employee, employer, or contractor in Shellharbour, knowing your rights in the workplace is essential. Mark McDonald has over 40 years practising and advising in employment law, acting for both employees and employers. This has given our team of employment lawyers in Shellharbour a balanced perspective and provided us with valuable insights into the motivations and desires of both parties.

Understanding Legal Rights at Work

Anyone can experience difficulties in the workplace, regardless of their age, gender, or experience level. Yet many people in Shellharbour are unaware of their legal rights in the workplace.

From an employer’s perspective, not understanding the rights and obligations of the employer leaves the business open to potential risks and may increase the likelihood of employees making a claim against the employer.

On the other hand, employees who don’t understand their rights can suffer from unfair dismissal, workplace harassment, discrimination, or other issues.

Our team of employment lawyers in Shellharbour have extensive experience. We work with employees to protect their rights and take legal action, and we also work with employers to proactively manage their organisation and its employees and address any issues that may arise along the way.

Unfair Dismissal

If you have been dismissed in a way that seems unfair, harsh, or unreasonable, you may have grounds for unfair dismissal. Redundancy is different to a dismissal, as it occurs when the role in question is no longer needed. A dismissal is when employment is terminated by the employer, or the employee was forced to resign by the employer. It’s crucial to understand why you are being terminated so that it can be determined whether the employer had reasonable grounds to do so.

You should seek immediate legal advice if you feel you have been wrongfully terminated, as applications need to be lodged to the Fair Work Commission within 21 days of dismissal. We know how to navigate complex unfair dismissal laws and can offer legal advice and representation, if necessary. By the same token, if we think that an employee does not have rights to end an Unfair Dismissal claim, we will tell you that….. we will not beat around the bush in this regard.

Workplace Harassment and Discrimination

Workplace harassment, including workplace bullying, discrimination and sexual harassment, can be traumatic for individuals involved. If you have been subjected to workplace bullying or harassment in Shellharbour, we recommend keeping a diary and any written records of any incidents that occur, steering clear of the individuals involved and addressing the issue early.

First and foremost, it is important both for employers and employees that the health and safety of employees is always maintained. If as an employee you feel that a situation or individual might put you in danger, avoid it wherever possible. Make a written complaint at your workplace and keep a record of the complaint. You may also want to check your employment guidelines or seek advice before taking action.

Employment Contracts

Employment contracts can vary substantially based on different organisations and industries. If you’re concerned about a new or current employment contract in Shellharbour, we can review your contract to ensure your rights as an employee are protected.

Similarly, if you are an employer or contractor seeking advice on creating or modifying an employment contract or a subcontract arrangement, we can advise you. Many organisations find that as their business changes, their employment contracts need to be modified to suit new roles or business structures.

Employment contracts need to protect the interests of both parties by specifying certain conditions, particularly those around termination of employment, parental leave entitlements, dispute resolution processes and restraint of trade clauses such as a non-compete period.

Workers Compensation

Employees in Shellharbour who have suffered from discrimination, illness or injury at work may be entitled to workers compensation, depending on the circumstances surrounding how they were affected. Claims need to be lodged swiftly in order to ensure they fall within the specified claim period.

 The employment of most employees in Australia are regulated pursuant to the Fair Work Act. If as an employee you have been injured and you feel you may have a valid claim, keep a record of any incidents that occur and seek help as soon as possible and seek advice from an experienced employment lawyer.

Services for Employers and Contractors

It’s crucial for employers and contractors in Shellharbour to maintain strong workplace relations to sustain a productive workplace. Maintaining a good workplace relationship is key for employers, as workplace disputes can have a direct impact on the company’s profitability, performance and, in the long term, its reputation.

Good legal advice can ease workplace tension before it starts and can help employers implement the processes, paperwork and organisational protocols that can prevent workplace disputes. Employers also have a responsibility to educate employees on such conduct and manage any ongoing risks to the business.

Our Approach to Employment Law

Our team serves Shellharbour and the greater Illawarra region. With over 30 years of experience in this field, we have navigated a myriad of scenarios that can occur in the workplace.

We have a commitment to our clients, and we have strong litigation skills and deep knowledge of the latest updates in workplace litigation. When workplace or contractual difficulties occur, our focus is firstly to assist our clients to resolve those difficulties.

We also have vast experience in conciliating settlement of disputes rather than allowing such difficulties to lead to litigation. However, if a dispute has to be determined in Court, we know our way around that area better than most.

If you need advice on an employment or workplace law issue or you’d like to learn more about our services, get in touch with our top Shellharbour employment lawyer, Mark McDonald.

Steps To Get Started

Reach Out

Whether it’s phone, email, or dropping by our Wollongong office, book a date to sit down with one of our team.

Make a Plan

Understanding where you are coming from, and what you are looking to achieve means that our lawyers can craft the best course of action.

Take Action

Whether it’s litigation or mediation, our team of experts have decades of experience in and outside of the courtroom and are committed to reaching the best possible outcome.

FAQs

As an employee, you are protected from adverse action or retaliation by your employer for making a complaint, participating in an investigation, or exercising your legal right.

Conditions outlined in the Fair Work Act 2009 set the bar for employment law across Australia, impacting the way that businesses can hire, retain and fire employees as well as the conditions under which employees can reasonably expect to work.

Each workplace may have different requirements for notice to leave, depending on the circumstances and the contracts signed.

While a contract, either written or verbal, is not required, it is advisable to have one in place so that both parties are aware of the expectations.

Employers have a legal obligation to provide a safe and respectful work environment, free from discrimination, harassment, and bullying.

If an employee believes their employers are not following proper protocols or are unfairly handling a complaint against you for making inappropriate comments at work, the employee may engage a lawyer to better understand their situation.

Our Employment Law Team

Mark McDonald

Partner

Lewis Bonney

Solicitor

We’re here to help.

Enquire online, or call us today, and we will help you explore all your options. Your enquiry is completely confidential.