Holiday Closure: Please note we will be closed from 5:00pm on Thursday 21 December 2023 and the opening on 9:00am Monday 8 January 2024.
Stevens & Associates is one of Sydney’s most trusted employment law firms. We are passionate about ensuring Australia’s workplaces are safe and fair. Whatever your industry, whether you’re an employee, business owner, senior executive, or CEO, we have experienced employment lawyers to facilitate the most satisfactory outcomes.
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In Australia, employment law comprises a range of federal and state-specific workplace legislation, administrative rulings, and precedents relating to workers’ and employers’ legal entitlements and responsibilities. It’s in everyone’s best interests for all workplace relationships to be positive so that professional environments remain safe spaces for all.
Our employment lawyers have up-to-the-minute knowledge of every facet of employment law. This places us in the strongest position to address issues arising from circumstances outside what is considered legal.
Let us consider the specifics of your issue, outline the relevant legal entitlements and responsibilities of those involved, and skilfully mediate between all parties – including, where appropriate, trade unions.
Know where you stand
Ensure fair treatment
Resolve any workplace dispute
Employment law in Australia is complex. Specialists in the field are required to ensure relevant legislation, employment agreements, awards and other relevant employment law documentation are interpreted correctly. Poor decisions and unfair resolutions could ensue if workplace concerns are not handled correctly, which is why it’s always wise to seek legal advice.
Whether you’re an employer looking to create the fairest workplace or an employee who feels they’ve been mistreated, receiving expert advice tailored to your situation is essential.
Stevens & Associates have broad expertise in the area of employment law, alongside a proven track record of effectively and swiftly resolving a variety of workplace law issues.
We possess far-reaching experience covering every type of workplace issue, whatever your industry.
Our keen interest in employment law makes understanding the rights and responsibilities of all involved in the employment relationship second nature.
Workplace investigations may relate to bullying, sexual harassment, discrimination, misconduct, theft or fraud, or anything else that potentially breaches the employee’s contract, workplace policies and/or guidelines.
Workplace redundancy is a process where an employer dismisses an employee due to a reduction in their workforce, job restructure or business closure. The redundancy may be genuine or unfair, and the employee may be entitled to redundancy payments, notice periods, and other entitlements under relevant employment laws.
As an employee, general protections exist to ensure your workplace rights are safeguarded. If someone has taken adverse action against you, or threatened to do so, based on a prohibited reason, it is worth seeking legal advice to discuss your options.
Specialist employment law firm Stevens & Associates offers a free and confidential initial call with one of our employment law solicitors, which our team will only use to assess if we are a good fit for each other.
A highly-skilled employment law team member will take you through our legal services, taking the time to understand your needs and goals and advise on how best to move forward with your matter.
Any legal practitioner with specific, in-depth, and up-to-date knowledge of employment law can provide advice and support around workplace issues. They should be well-versed in all relevant legislation, administrative rulings, and precedents pertaining to workers’ and employers’ legal entitlements and responsibilities.
Employment lawyers can assist with anything to do with the employment relationship.
Employers can call on their lawyers for Fair Work Act compliance checks across all activities. For instance, insights and advice from a labour lawyer can help plan and manage robust employment contracts, awards, and agreements.
They can help mitigate the risk of disputes, determine whether breaches represent legal violations, advise on the best course of action to facilitate resolution, and negotiate and mediate between all parties (including labour unions, where necessary) in advance of and during tribunals.
Ultimately, your labour attorney will work to ensure the fairest outcomes are reached for everyone involved.
In Australia, a combination of federal and state legislation covers employment law. Federally, the Fair Work Act 2009 outlines minimum terms, conditions, and entitlements that most Australian workers can expect.
Additional state-based legislation also exists in New South Wales, including
Work Health and Safety Act 2011
The Workers Compensation Act 1987
Public Holidays Act 2010
Annual Holidays Act 1944
Long Service Leave Act 1955
Anti-Discrimination Act 1977
Over and above legislation, individual employment contracts define in more detail what the employee and employer can expect from their relationship.
There is a small handful of specialist employment law firms in Sydney that can offer advice for any NSW-based employer or employee with doubts or concerns relating to their workplace or employment.
If an issue in your workplace escalates to the point where Fair Work Commission, court hearings, and other tribunals are necessary, there is no legal requirement for either party to seek professional advice from a lawyer. However, it is strongly advised that you do to ensure you are best prepared to make your case and fight for your rights.
There are a handful of expert employment lawyers in Sydney who will be happy to provide support. Your expert work lawyer will discuss your rights and responsibilities before outlining your legal options to help you decide on the most appropriate course of action.
There are several great resources if you need more information about a variety of workplace issues including unfair dismissal claims or want to understand employment law better. We invite you to contact our team if you wish to discuss legal claims or a specific workplace law matter.
If you are seeking more general advice, there are some important workplace legislation resources that you can peruse, including:
Generally, an employer can only dismiss a worker without notice where serious misconduct can be demonstrated. This usually takes the form of a severe breach of contract or the worker behaving in a manner that poses serious risks to the business or their colleagues.
Under normal circumstances, your employer must provide written notice outlining the date they would like you to finish to terminate your position. At this point, they can either ask you to work through the notice period or pay you what you would have earned during that period and request that you leave immediately.
Serious misconduct may include:
If you are terminated for serious misconduct for any reason other than the above or if there were any procedural issues with your termination, it is worth seeking expert legal advice to discuss whether any grounds for further legal claims exist. Even if the reasons above are the reason you have been terminated for serious conduct, it is prudent to seek legal advice to ensure that you and your rights are protected.
Australian employment law has clear provisions for notice periods and reasons for dismissal, under the Fair Work Act, as well as health and safety guidelines and general protections that cover most employees.
Unfair dismissal occurs when the employee was dismissed, and the dismissal was harsh, unjust or unreasonable, and the dismissal was not a case of genuine redundancy, and where the employee was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code. When determining whether a dismissal is unfair, the Fair Work Commission will look closely at the employment contract and its terms.
Sexual harassment, workplace bullying, having an inappropriate workplace relationship, theft, fraud or serious misconduct are all genuine and valid reasons for dismissal.
The best place to start is to book a free, confidential initial call to discuss your legal matter. One of our highly-qualified workplace employment lawyers will work to understand the specifics of your situation and determine if we are the right fit for each other.
Our expert team can provide you with professional advice relating to any employment law issue, and help you achieve the best outcome possible, in a cost effective and timely matter.
Talk to dedicated Employment Lawyers in Sydney who provide expert advice & support for all workplace legal matters
To make a complaint about your employer effectively, as part of a whistle blower complaint or other employment law matter, such as unpaid wages or poor treatment in the workplace, it’s essential to provide clear information to the person you are reporting to. This may be your HR team within your employer’s business, a third party such as a counsellor or lawyer, or another support person. Keeping accurate records of dates and events is very helpful. It’s also important to understand your and your employer’s rights and what is required to make a claim. Please get in touch with us today for a confidential discussion about any employment law matter you are facing.
If the employment relationship has already ended, you may consider the legal recourse of unfair dismissal or adverse action, but remember, you only have 21 days following termination to commence these proceedings in the Fair Work Commission. Please do not hesitate to contact us if you have issues with your former employers.
Talk to Employment Lawyers in Sydney who provide expert advice & support for all workplace legal matters