Managing employees comes with all sorts of responsibilities throughout the workplace cycle. These can include drafting employment contracts, managing disputes with employees and ensuring that you are compliant with Australian employment laws. Issues arising with employees can sometimes be complex and may attract reputational risk to your business. Having the right person advising on your employment law matters can save you considerable time and energy. This article will explore five considerations you should look for when choosing an employment lawyer.
1. Can my Employment Lawyer Provide Timely Assistance?
Managing employees requires important decisions to be made quickly. At LegalVision, we understand that quality advice and timing are critical for business success.
Employment law matters can move quickly. One example is employee termination. Obtaining prompt advice can ensure you follow the correct procedures when terminating an employee. This could:
- mitigate potential unfair dismissal and general protections claims against your business; or
- ensure that your business has a strong defence to these claims if they are brought against you.
2. Can My Employment Lawyer Cater to My Specific Needs?
As a business owner, you should choose a lawyer who is commercially minded. At LegalVision, we work solely with employers and advise on all aspects of the workplace cycle. LegalVision’s employment lawyers are specialists in providing practical and accessible advice to employers. We are experienced in advising:
- small businesses;
- SMEs; and
- major Australian companies in both the private and public sectors.
We take time to understand how your business and industry operate so that we can adapt our advice accordingly.
Our team can assist with:
- drafting and reviewing employment contracts;
- drafting and reviewing workplace policies, handbooks and guidelines;
- drafting and reviewing contractor’s agreements;
- negotiating terms and conditions of employment;
- providing advice on restraints of trade and enforcement of restraints;
- providing advice on employee and contractor employment relationships;
- providing advice on terminations of employment, including entitlements to reasonable notice or bonuses; and
- providing advice on redundancies.
3. Does My Employment Lawyer Offer Cost Certainty?
Many traditional law firms charge for employment law advice according to an hourly rate billing method. This sometimes means that legal costs can come as a surprise.
At LegalVision, we offer our clients cost certainty and transparency through our low-cost monthly subscription fee. Your membership will include unlimited employment law advice consultations, so you can contact us whenever employment law issues arise. Your membership will also include unlimited document drafting and reviews. This will come in handy when you need employment agreements to be drafted promptly, or are looking to draft a new policy to apply to employees at your workplace.
If your employment matter involves a dispute, we can offer you more comprehensive assistance on a competitive fixed fee or hourly rate basis.
As an employer, it is essential to understand what employment laws have changed and their implications for your business — particularly the changes to the Fair Work Act 2009 through the new Closing the Loopholes legislation.
4. Is My Employment Lawyer Experienced?
It is important to choose an employment lawyer who is well-versed in important employment laws, including the Fair Work Act 2009 (Cth) and the National Employment Standards. As employment law is constantly evolving, you should also choose a lawyer who is committed to understanding key legislative changes, as well as important case law that might impact your matter.
If one of your employees has brought a claim against your business, you should also choose an employment lawyer who has experience with matters in the Fair Work Commission and the Federal Circuit and Family Court of Australia.
The employment lawyers at LegalVision are knowledgeable on all aspects of employment law, including all relevant changes to the law. As a client of LegalVision, you will have access to our employment law webinars which educate on these changes and how they may impact your business. Additionally, the employment lawyers at LegalVision have ample experience with representing the interests of employers in matters at the Fair Work Commission and the Federal Circuit and Family Court of Australia.
5. Is My Employment Lawyer Empathetic?
Employment matters can be complex. Emotions can run high when employees and employers disagree, so it is important to find an employment lawyer who can empathise with this and who will work to resolve the dispute amicably.
The decision to terminate an employee also presents important legal considerations. You will need an employment lawyer who is willing to:
- listen to your account of what has occurred;
- pinpoint key facts; and
- provide you with appropriate advice and guidance about how to move forward.
Key Takeaways
As a business owner, it is integral that you contact an employment lawyer when you need assistance concerning drafting contracts, handing disputes or other legal matters. However, picking a suitable and effective lawyer can be difficult. You should consider whether your chosen lawyer:
- has experience in the areas you are seeking advice in;
- can cater to your business’ needs in a cost-effective manner; and
- addresses your disputes in an understanding and empathetic way.
If you are looking for an employment lawyer, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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