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.
