The field of Employment Law presents many challenges for employees and employers alike.
Our partners Ian Field and Mark Game can take care of those employment law issues for you, including contract and policy preparation and review, restraint of trade issues, confidentiality, redundancy/dismissal, and general employment law issues and disputes.
Employment Law presents many challenges for employees and employers alike In the event of a dispute, if it’s not possible to negotiate an outcome, we can arrange representation for you in the appropriate court or tribunal, with the benefit of our Special Counsel, Guy Sara.
LEGAL COMPLEXITIES FOR EMPLOYMENT
Employment law is massively complex, and this applies to both the employer and the employees. For the employer, there is a need to know the rules governing the hiring, remuneration, and dismissal of employees.
This knowledge is important as it helps a company protect itself in the face of the law whenever something out of the ordinary happens.
For example, as an employer, you might find yourself facing controversy over the conduct of your business towards an employee.
While at times mistakes happen due to ignorance and naivety, the law sees you as the person tasked with safeguarding the rights of those under you. As such, an employer will always have an obligation towards the employees.
At times, it is important to understand the legal ramifications that govern every single act by a company or an employee. While the employer is always the boss, there is a need to draw a line between what is acceptable behavior and what is not.
Employment law also exists to serve the employer from the employees. For example, as an employer, you may be challenged on the following: How are you protected from a member of staff who chooses to use company resources or information in a malicious nature? Are they immune from the law? What does employment law say about someone who fails to come to work for days on end without a leave of absence? As the employer, do you have the mandate to discipline that person?
The Importance Of Understanding Agreements for employment law
Laws governing the drafting, implementation, and cancellation of contracts have always been weighty. The average Joe does not understand the lingo that governs employment contracts. If you are an employee, you need to clearly understand the terms laid out in the agreement between you and your employer.
The employer also needs to understand the strict conditions of a contract in order to avoid violations and charges. Generally, there is a lot of ground involved when covering employment law, which raises the need for an expert on legal matters every time an issue comes up.
In the firm, we are fortunate to be able to rely on the experience and intellect of our two partners, Mark Game and Ian Field, when it comes to resolving issues relating to employment law.
If you are an employee in Australia, all of the terms of Australian employment law are for you. These terms ensure that an employee should work comfortably, and a safe and secure environment should be provided. There should be no bullying, discrimination, and harassment in that environment and your right to work in Australia depends on employment law.
If you are an employer, then you should follow the employment law. It will boost your professional image, and it will also fetch the best talent for your company.
The rules and regulations vary in different states, territories, and it also changes according to the business. You should know which law applies to your business.
What is the Importance of Legislation in the Workplace?
When it comes to workplace policies and procedures, legislation is the most important and common one. The legislation is common in all the national systems of employers all around Australia. You should know about it because it does not change in any state, territory, or business.
The legislation puts the responsibility on the employer to give their employees absolute rights, and they all should be treated equally.
Types Of Legislations:
Let’s discuss the Essential workplace Legislations:
Fair Work Act 2009:
This legislation establishes a national workplace standard between the employer and the employee. This act provides the employee with the minimum entitlements by using the federal minimum wage, National employment standards, and modern awards. It also allows flexible working conditions, protects the employees from unfair dismissal, and it ensures that all the employees are treated equally and fairly.
This legislation applies to all types of businesses and industries all across Australia.
There are still some workplaces where this act is not applicable. For instance, in Western Australia, this act does not apply to the following:
Partnerships
Unincorporated entities
Sole traders
Non-trading corporations
State And Federal Anti-discrimination Laws:
There are many acts in Australia. These are made to maintain equality between employees and to protect them from harassment in the workplace. Legislation at the federal level is available, which protects employees from inequality. All employees are equal despite age, gender, marital status, religion, and more.
Each territory follows its legislation regarding discrimination and harassment, which protects the employees at the workplace. This legislation is made to maintain equality between employees at all kinds of workplaces.
Work Health And Safety Act 2011:
As the name explains, this legislation protects the employee’s health and safety at the workplace. This act also protects the health of people who are affected by work like customers or visitors.
This act also covers consulting workers and making penalties. It covers many other regulations and procedures, which makes the employees feel safe and secure no matter where they are working. If you are an employee and you need help regarding health and safety, you should contact employment lawyers. If you are in Brisbane, Gold Coast, or Sunshine Coast, you can get one of the best employment lawyers in Brisbane that is an Aylward game.
Disability Discrimination Act 1992:
This act will provide you with equality if you are disabled. This act states that it is illegal to treat an employee unequally if he or she is disabled. It also applies to employees who have relatives, co-workers, or friends who are disabled.
The disability does not only apply to physical conditions but also applies to intellectual or psychiatric disorders.
So, employment law covers all the needs of an employee. Employment law strictly fights against inequality between workers.
Rights Of Employers In The Workplace:
If you are an employer, you have some rights and also some responsibilities. We have mentioned below the essential duties of an employer:
Your working space should be safe.
There should be no bullying, inequality, or sexual abuse.
You should provide all employees with the required training, resources, and guidance which they need for work.
Don’t forget to inform the employees of their responsibilities and rights.
It would be best if you gave them practice for self-defenses and there should be a first aid kit at the workplace.
You can report the injuries to Safe Work Australia.
You should have protective clothing in the workplace, and the employees should know how to use it.
As an employer, you can stay up-to-date about your rights and responsibilities by seeking advice from a workplace relation specialist. Employers are responsible for checking your right to work in Australia and may ask to see your passport or other identification. Employers must have your permission to check your work rights. The Department of Immigration and Citizenship to verify your right to work in Australia. They can tell you about your rights and will also update you if there is any change in the legislation. You will feel relaxed if you have knowledge and support that relates to Australian employment law.
Aylward game can help you with that. We are well aware of Australian employment law. Either you need to know about employment agreement or employment law in Brisbane we can help you with that. You can contact us to know more. Any questions in relation to your Right to Work in Australia, Please Book Free Appointment for getting an answer from Mark Game
You will have many questions regarding the employment law, we have tried to answer the most common of them.
Is it legal for my employer to see my Internet Activities?
The employer can monitor your internet activities at the workplace. But, the employees should be informed about the policies of the company.
Is it legal for my employer to see my Email Content?
In Australia, it is legal for an employer to see the email content according to the workplace policies and procedures. The employer should clear all the guidelines to the employees so that they can understand their responsibility.
Should I inform my employee before Monitoring?
You will have to inform the employee before starting the monitoring. You will also need to tell them the nature of monitoring, whether it is permanent or it is for just a specific time. According to the workplace surveillance act (2005), an employer cannot monitor employees before giving written notice. The written information should be provided 14 days before the monitoring.
If you are an employee in Australia, all of the terms of Australian employment law are for you. These terms ensure that an employee should work comfortably, and a safe and secure environment should be provided. There should be no bullying, discrimination, and harassment in that environment and your right to work in Australia depends on employment law.
If you are an employer, then you should follow the employment law. It will boost your professional image, and it will also fetch the best talent for your company.
The rules and regulations vary in different states, territories, and it also changes according to the business. You should know which law applies to your business.
What is the Importance of Legislation in the Workplace?
When it comes to workplace policies and procedures, legislation is the most important and common one. The legislation is common in all the national systems of employers all around Australia. You should know about it because it does not change in any state, territory, or business.
The legislation puts the responsibility on the employer to give their employees absolute rights, and they all should be treated equally.
Types Of Legislations:
Let’s discuss the Essential workplace Legislations:
Fair Work Act 2009:
This legislation establishes a national workplace standard between the employer and the employee. This act provides the employee with the minimum entitlements by using the federal minimum wage, National employment standards, and modern awards. It also allows flexible working conditions, protects the employees from unfair dismissal, and it ensures that all the employees are treated equally and fairly.
This legislation applies to all types of businesses and industries all across Australia.
There are still some workplaces where this act is not applicable. For instance, in Western Australia, this act does not apply to the following:
Partnerships
Unincorporated entities
Sole traders
Non-trading corporations
State And Federal Anti-discrimination Laws:
There are many acts in Australia. These are made to maintain equality between employees and to protect them from harassment in the workplace. Legislation at the federal level is available, which protects employees from inequality. All employees are equal despite age, gender, marital status, religion, and more.
Each territory follows its legislation regarding discrimination and harassment, which protects the employees at the workplace. This legislation is made to maintain equality between employees at all kinds of workplaces.
Work Health And Safety Act 2011:
As the name explains, this legislation protects the employee’s health and safety at the workplace. This act also protects the health of people who are affected by work like customers or visitors.
This act also covers consulting workers and making penalties. It covers many other regulations and procedures, which makes the employees feel safe and secure no matter where they are working. If you are an employee and you need help regarding health and safety, you should contact employment lawyers. If you are in Brisbane, Gold Coast, or Sunshine Coast, you can get one of the best employment lawyers in Brisbane that is an Aylward game.
Disability Discrimination Act 1992:
This act will provide you with equality if you are disabled. This act states that it is illegal to treat an employee unequally if he or she is disabled. It also applies to employees who have relatives, co-workers, or friends who are disabled.
The disability does not only apply to physical conditions but also applies to intellectual or psychiatric disorders.
So, employment law covers all the needs of an employee. Employment law strictly fights against inequality between workers.
Rights Of Employers In The Workplace:
If you are an employer, you have some rights and also some responsibilities. We have mentioned below the essential duties of an employer:
Your working space should be safe.
There should be no bullying, inequality, or sexual abuse.
You should provide all employees with the required training, resources, and guidance which they need for work.
Don’t forget to inform the employees of their responsibilities and rights.
It would be best if you gave them practice for self-defenses and there should be a first aid kit at the workplace.
You can report the injuries to Safe Work Australia.
You should have protective clothing in the workplace, and the employees should know how to use it.
As an employer, you can stay up-to-date about your rights and responsibilities by seeking advice from a workplace relation specialist. Employers are responsible for checking your right to work in Australia and may ask to see your passport or other identification. Employers must have your permission to check your work rights. The Department of Immigration and Citizenship to verify your right to work in Australia. They can tell you about your rights and will also update you if there is any change in the legislation. You will feel relaxed if you have knowledge and support that relates to Australian employment law.
Aylward game can help you with that. We are well aware of Australian employment law. Either you need to know about employment agreement or employment law in Brisbane we can help you with that. You can contact us to know more. Any questions in relation to your Right to Work in Australia, Please Book Free Appointment for getting an answer from Mark Game
You will have many questions regarding the employment law, we have tried to answer the most common of them.
Is it legal for my employer to see my Internet Activities?
The employer can monitor your internet activities at the workplace. But, the employees should be informed about the policies of the company.
Is it legal for my employer to see my Email Content?
In Australia, it is legal for an employer to see the email content according to the workplace policies and procedures. The employer should clear all the guidelines to the employees so that they can understand their responsibility.
Should I inform my employee before Monitoring?
You will have to inform the employee before starting the monitoring. You will also need to tell them the nature of monitoring, whether it is permanent or it is for just a specific time. According to the workplace surveillance act (2005), an employer cannot monitor employees before giving written notice. The written information should be provided 14 days before the monitoring.
