Employment Law

Employment Law covers the majority of the relationship between an employer and their employee. Qld Law Group is committed to helping their clients get the justice they’re seeking when they are wrongfully terminated. Categories covered under Employment Law include:

  • Unfair dismissals;
  • Adverse actions;
  • Redundancy;
  • General Employment Advice;
  • Discrimination;
  • Workplace Bullying and Harassment;
  • Sexual Harassment;
  • Grievance and Disciplinary matters;
  • Restraint of Trade;
  • Advice on Employment Contracts;
  • Awards and Enterprise Agreements; and
  • Underpayment of wages or entitlements given.

Unfair Dismissals

If you believe you have lost your job unfairly, you may be able to apply to the Fair Work Commission for an unfair dismissal. If you feel you have had to resign from your job due to something your employer did or said, this may also constitute as an unfair dismissal. The Fair Work Commission has strict rules that these claims must be lodged within 21 days of the dismissal, so we advise you to contact us as soon as you have lost your job.

Discrimination

Discrimination happens in the workplace if you are treated differently because of your:

  • Race;
  • Skin colour;
  • Sex;
  • Sexual orientation;
  • Age;
  • Physical or mental disability;
  • Marital status;
  • Family or carer responsibilities;
  • Pregnancy;
  • Religion;
  • Political opinion;
  • National extraction; or
  • Social origin.

Discrimination can include being overlooked for promotions or incentives due to any of the above characteristics. Employees in the workplace have the right to be treated fairly and should be offered the same work opportunities regardless of the differences listed above.

Bullying in the workplace

Bullying comes in many forms within the workplace. An employee may be classified as being bullied if a person or group of people are acting unreasonably towards them or a group of people. Examples of workplace may include:

  • Behaving aggressively towards a person or group;
  • Teasing or playing practical jokes;
  • Pressuring someone to behave inappropriately;
  • Excluding someone from work-related events; or
  • Unreasonable work demands being given.

If you suspect you are being bullied, contact the Qld Law Group as soon as possible and we will help you through it.

Underpayment of wages or entitlements given

Being underpaid or not getting your full entitlements in the workplace needs to be addressed if it occurs. Addressing underpayment as soon as possible is important, the longer it is left the harder it will be to ensure accurate payments are made. If you find that your employer has underpaid you, you need to ensure you have worked the full hours agreed upon in your contract. The next step is to approach your employer, most underpayments are mistakes and can usually be fixed by having a conversation with your employer. If the employer refuses to pay your underpaid wages, you should make a written request to them requesting your payment is made as soon as possible. If they still refuse to pay you, you need to make a complaint to the Fair Work Commission where they will take appropriate steps to ensure you receive your money.

It is important to know that you are entitled to all monetary value of your underpayment. If the Fair Work Commission is involved, the employer is likely to receive a fine as well as having to pay all underpaid wages. When making a claim regarding underpayment it needs to be within the first six years of occurrence.

Harassment

Harassment in Australia surrounds the concept of making people feel unwelcome in behaviour that relates to making a person feel offended, belittled, intimidated or apprehensive. Making a person feel any of these feelings would be considered harassment in the workplace. Harassment can be caused from discrimination against your;

  • Race;
  • Skin colour;
  • Sex;
  • Sexual orientation;
  • Age;
  • Physical or mental disability;
  • Marital status;
  • Family or carer responsibilities;
  • Pregnancy;
  • Religion;
  • Political opinion;
  • National extraction; or
  • Social origin.

As an employee, it is imperative to ensure that if you are being harassed you seek legal advice from the Qld Law Group immediately.