UNFAIR DISMISSAL - EMPLOYERS
If any of these situations apply to you, it may be worth contacting us for advice:
- If you are considering performance managing or dismissing an employee;
- If you are considering making one or more employees redundant;
- If you are unsure whether your workers are employees or contractors;
- If you are unsure whether your ‘casual’ employees are actually casual employees, or whether they would be found (if challenged) to be full-time or part-time employees;
- If you are unsure of your obligations under the National Employment Standards or any applicable awards – or if there is an award applicable and, if so, which ones;
- If an ex-employee has breached a restraint of trade or confidentiality clause;
- If an employee or ex-employee has made a claim against you for unfair dismissal, breach of general protections (adverse action) or unpaid entitlements;
- If an employee has made allegations of bullying, harassment or discrimination – either against you or another employee;
- If you need your existing employment contracts reviewed, or you need new employment contracts.
Whatever the situation, if you are considering legal advice, we recommend doing so as soon as possible. There are often steps that can be taken at an early stage to avoid significant risks (and costs) down the track – particularly when it comes to managing employees. Following the correct procedures is not always easy, but a failure to do so can cause significant increase in risk that could have been easily avoided.
We offer fixed costs wherever possible so that you know exactly how much we will charge for each step of the matter.
We offer special rates for defending unfair dismissal cases. Because it is rare to recover costs in an unfair dismissal case (even if you win), it is often not commercially viable to engage a lawyer to take your matter to hearing. Our special rates are designed to overcome this problem so that if you have a good defence and it cannot be settled at conciliation, it is still viable to take the matter to hearing. Please contact us and we can send you a copy of our rates.