Employment Advice

Employment Advice

Working for you

From pre acceptance advice on an employment contact to unfair dismissal or adverse action matters, choosing to work with an employment lawyer from Miller Harris Lawyers means you will have access to professionals experienced in all aspects of employment law.  The relationship between employer and employee can often be complex and governed by a range of legislation and civil law including employment agreements, enterprise bargaining agreements, awards and industry specific legislation. Our employment lawyers are able to advise you on a wide range of employment law issues, taking into account your specific personal circumstances.  We have worked with employees from a wide variety of Cairns and North Queensland industries providing advice which is sensitive, confidential and actionable.

Whether you are embarking on a new role, looking for assistance with contract negotiations, feel you have been unfairly dismissed or are experiencing issues in the workplace that may require professional intervention, Miller Harris Lawyers has both the expertise and experience to advise you on the potential courses of action available.

We offer legal advice and services for:

Employment contracts

Before you sign a new employment contract, there are many points that should be considered to ensure that your rights are protected. We can assist you in identifying and protecting these rights by drafting contracts or assisting you in negotiating contract terms and conditions.

Discrimination

Discrimination can come in many forms including gender, disability, race and age. Miller Harris Lawyers can advise employees on whether an instance of discrimination has occurred and the alternative courses of action available to the employee to achieve resolution.

Enterprise agreements and enterprise bargaining

An effective enterprise agreement can be an appropriate solution to simplifying employee arrangements within the workplace. Our team can ensure that your enterprise agreement is tailored to suit your industry and, that the specific circumstances of your organisation is fully compliant and properly registered.A robust enterprise agreement is often a process of negotiation between the employer, employees and their bargaining representatives. We can assist you in navigating this process in a legal and effective way, resulting in an approved agreement that delivers benefits to all parties.

General protections (adverse action)

Adverse action is action that is unlawful if it is taken by an employer for particular reasons. It is a broad area which can include the dismissal of an employee, discrimination against a prospective employee , the alteration of employment conditions to the detriment of the employee and various other actions. Miller Harris Lawyers are able to advise employees on their potential rights and likelihood of success under an adverse action claim.

Intellectual property

Intellectual property rights are not automatically assigned to employees and detailed contracts must be put in place to protect your intellectual rights as an employee. Depending on your role, complicated negotiations may be required to ensure that you derive benefit from your ideas.

Redundancy issues

Redundancy can be one of the most emotive of employment law issues. We can advise employees who have been made redundant or are considering offers of voluntary redundancy, on the potential implications and alternatives available to them. We can also assist in ensuring you receive the compensation you are entitled to pursuant to your employment agreement, award or the National Employment Standard. We can also advise you on whether your employer has followed the correct processes and procedures relating to your redundancy and the courses of action available to you where this is not the case.

Sexual harassment and discrimination

Harassment and discrimination can occur in a variety of circumstances and can be both open or subtle. If you think you are the victim of harassment or discrimination, we can advise you on your legal rights and the courses of action available to you to seek resolution and remedy.

Unfair dismissal

Establishing whether a dismissal is fair or otherwise, is often not straight forward process. It is a matter of considering the individual circumstances of the dismissal and the relevant legislation.If you believe you may have been unfairly dismissed, we can assist by determining whether unfair dismissal has occurred and advising you on the alternative courses of action available to you in this regard.

Employment termination

Whatever the circumstances are surrounding your termination, as an employee, you have rights that need to be protected. By taking the time to fully understand your situation, we can advise the best way forward for you.

Fair Work Act 2009

Our legal team is well-versed in all aspects and implications of the Fair Work Act 2009 and understands the rights and protections that it offers employees. We advise employees on their rights pursuant to this Act and the various alternatives available to you if you think there may have been a breach.

Meet the experts in
Employment Advice

Elaine Jesurasingham

Partner

Elaine is a civil litigator and dispute resolution lawyer with a work background in commercial, property and building disputes

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more about Elaine