Workplace issues can be a pain in the neck to deal with, but if you have an experienced employment lawyer who can provide you with guidance and representation in legal disputes resulting because of conflict with a coworker, unjust treatment by management, a wage disagreement, and other employment issues, you can go through it strategically.
The Australian Bureau of Statistics reported that in the December quarter of 2022, there were 69 disputes and nearly 22,200 employees were involved. These disputes arose in eight industries, and eight states and territories. Enterprise bargaining-related issues are the majority of industrial conflicts. Furthermore, employment-related disputes have often been the most common over the past ten years. Read on to know more about employment lawyers and workplace lawyers.
Protection of Employee Rights
Employment lawyers play a crucial role in protecting the rights of employees in an employment law matter. They can help employees understand their legal rights and obligations and provide expert legal advice and legal representation in employment disputes. Work health and safety regulations apply to everyone, regardless of whether they are Australian citizens, temporary workers, or permanent residents. Your fundamental rights as a worker consist of the following:
- the right to fair pay and conditions in employment contracts
- the right to say no to unsafe work, unfair dismissal, or unpaid wages
- the right to a fair and just workplace
- the right to speak up about work conditions
- the right to appropriate safety equipment
- the right to workers’ compensation
- the right to be consulted about safety against abuse or sexual harassment in the workplace
These rights empower workers to protect themselves and their civil liberties provided by law and nature. Therefore, it is a company’s responsibility to ensure fair treatment of their employees and the protection of their rights. More importantly, employees are the backbone of any organisation, and their well-being is crucial to its success.
When workers feel safe and secure at work, they are more productive and driven to contribute to the company’s success. When workers’ rights aren’t upheld, they lose motivation to work harder, which can seriously harm an organisation’s ability to succeed and lead to the filing of claims and damages.
Accordingly, an employment lawyer can help explain the client’s rights to them, including defining the applicable laws that apply to the case, advising them about possible defences, and the options available to the client, such as litigation, mediation, negotiation, or other actions. A lawyer can also explain each option’s pros and cons and advise on the best way to proceed with a case.
Benefits of Hiring an Employment Lawyer
For employers, an employment lawyer can provide guidance on compliance with employment laws and regulations. They can gain many benefits from hiring their employment lawyer, such as:
- Understanding the fine print. Employment agreements are crucial for protecting your company and defining all parties’ rights and obligations. Hence, a well-drafted contract is essential because it can protect your business and your employees.
Getting an employment lawyer can aid employers in comprehending their responsibilities under the law and reducing the possibility of legal issues. This step is essential because it is not uncommon that an employer may overlook important details that may later prove detrimental. Thus, a qualified employment lawyer trained to examine these agreements will be able to spot any unethical transactions and keep you from being bound by an abusive contract.
- Choosing the best options. To help you get the most advantageous bargain and prevent more agony, they can help you choose the best course of action in a legal dispute with your employer. Moreover, they can advise on your case’s strengths and weaknesses and help you understand the legal process and potential outcomes. In addition, they can also negotiate settlements on your behalf, ensuring that you receive a fair and reasonable outcome.
- Ensuring compliance with applicable laws. As an employer, it is your legal duty to conform to the requirements of Australian employment law and maintain an atmosphere of safety and security for your employees. The Fair Work Act of 2009 is branded as the most significant component of employment law in Australia as it provides the minimum terms and conditions for most of the country’s employees covered by the national workplace relations system.
For these reasons, the services of a lawyer in dealing with employment issues are crucial for both employees and employers to ensure that their legal rights are safeguarded, given the complex and dynamic nature of employment law in Australia.
Representation in Legal Disputes
In Australia, it is not rare for disgruntled employees to file lawsuits against their current or past employers. The legal disputes that commonly surface in an employer-employee conflict include the following:
- Work, health, and safety legal proceedings
- Enforcement of post-employment restraints of trade, and confidential information and intellectual property obligations
- Unfair dismissal and unlawful termination complaints and help employees lodge unfair dismissal claims
- Breach of employment contract complaints
- General protections complaints
- Discrimination, harassment, and bullying grievances
- Misleading and deceptive conduct claims
- Claims for underpayment of entitlements
In the event of a legal dispute, an employment lawyer can provide representation and professional advice in court or at a tribunal. They can help employees and employers understand the legal process and provide guidance on the best course of action. They can also negotiate settlements on behalf of their clients, ensuring a fair and reasonable outcome.
Representation is especially important in cases where the relationship between the employer and employee has broken down and emotions are running high. Additionally, solicitors can assist with alternative dispute resolution methods such as mediation or arbitration. These methods can be more cost-effective, less time-consuming than going to court and often result in a more satisfactory outcome for both parties.
How Can JB Solicitors Help?
Employment law is complex and constantly evolving, making it essential for employees and employers to obtain legal services. If you are an employee or employer in Australia, it is necessary to seek legal advice from the best employment lawyers to ensure the protection of your legal rights.
The legal expertise of our team in business, corporate, and commercial matters guarantees the protection of both employees and employers’ interests.
Let’s talk. Contact an employment law solicitor from our employment law team today so we can discuss and resolve your employment claims and disputes.
