5 things you need to know about Employment Disputes
- There are a range of disputes that employers and employees find themselves in, ranging from disputes over pay and superannuation, to unfair dismissal issues and issues relating to employee misconduct. Make sure you approach any employment dispute with a clear head; don’t be governed by emotion.
- Common disputes relate to pay and superannuation. The working conditions of many employees are governed by the Fair Work Australia awards system. If an award applies to a role, then employers are required to comply with the detailed information in the award. An employment lawyer can provide advice on the employer’s legal obligations.
- If an employee is made redundant, it’s important that this redundancy complies with the relevant employment law legislation. As an employer it’s important to strictly follow the necessary processes to make an employee redundant. If you do not, the employee may have a case for unfair dismissal, which can result in a substantial payout.
- If an employer terminates the employment of an employee for misconduct it’s important that the termination is conducted in line with the rules governing terminations. It’s sensible to seek the advice of an employment lawyer or HR consultant before making any decisions. If this is done incorrectly, again the employee can have a case for unfair dismissal.
- It’s important to seek guidance up-front, to ensure that employees have the right pay and rights under the relevant Award if any. It’s also vital that you seek advice before dismissing employees or making them redundant. Up front advice can save considerable time and money if disputes are avoided.
Ursula Hogben Key Focus:
Commercial Law, Contract Law, Information Technology And Online Law, Intellectual Property, Capital Raising LawExperience:
Bank of America Merrill Lynch, Baker & McKenzie, Hogben Group