Disputes that arise during employment can often be resolved through direct negotiation between the two parties. In certain circumstances, however, an external mediator or employment lawyer may be necessary to deal with the dispute.
Our specialist employment law team actively seek solutions through mediation, negotiation and dispute resolution procedures. LegalVision’s strategic approach to resolving employment disputes achieves fast and cost-effective outcomes. We can assist with:
resolving employment disputes;
drafting clear, confidential and fair dispute resolution procedures;
advising on managing industrial disputes and employee grievances;
advising on the process of collective bargaining;
advising on employment contracts, contractor agreements and workplace policies; and
advising on employment termination.
LegalVision’s employment law team can also assist in drafting and reviewing contracts to ensure compliance with relevant employment laws, including the Fair Work Act.
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5 Things You Need to Know About Employment Disputes
1There 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 led by emotion.
2Common 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.
3If 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 make sure that the circumstances clearly call for a genuine redundancy and that a redundancy is not being used instead of a performance management process of termination. If you do not follow the correct procedure, the employee may have a case for unfair dismissal, which can result in a substantial payout.
4If an employer terminates the employment of an employee for serious misconduct, it’s important that the conduct be sufficiently serious to support such action and that the termination is conducted in line with employment laws 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 may have a case for unfair dismissal.
5It’s important to seek guidance up-front and 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 may help to avoid disputes and save considerable time and money.