Employment Law
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business policiesBusiness’ tend to start as a one-man band, which people tend to think they don’t need large elongated policies in place.  But businesses expand and when they do all of a sudden businesses find themselves with 15 employees and no rules or procedures in place.  What happens in these circumstances is that employees tend to then simply do as they please and without a policy in place the business has limited resources behind it to discipline the behaviour.

restraints of tradeRestraints of trade are often included in contracts of employment, with a view to restricting an employee’s ability to trade and to protect the commercial and other interests of an employer.

terminations and disciplinary actionsEmployment can end for many different reasons, for example an employee may resign from their position or be dismissed by their employer. Regardless of the circumstances of employment coming to an end, it is important to ensure that the rules concerning dismissal, notice, consultation and final pay are adhered to.

workplace disputesDispute in workplaces are increasingly common issues for employers and employees to face. How each party approaches the dispute can be the difference to whether the matter resolves amicably and peacefully or whether the business finds itself at the receiving end of an unfair dismissal application.

workplace rights and entitlementsWORKPLACE RIGHTS

Rules apply to what conditions of employment are received by workers, including minimum wages, hours of work and break periods. Depending on the nature of the work and role being performed, these rules can be set out in relevant awards, registered agreements, employment contracts and legislation.

employment lawHIRING STAFF

Many businesses are created as a one-man band adopting a purely reactive approach to hiring employees. That is, new employees are hired during a period of desperation and the main focus is to get boots in the field or a backside in a seat to ensure work can be done, clients are happy and the business continues to function. This all too common situation can prove ugly for a business if a person is not hired correctly, or more importantly if the wrong person is hired. 

unfair dismissal and discriminationUNFAIR DISMISSAL

On occasion, a business may be subjected to an unfair dismissal claim. It is important to note that many unfair dismissal claims are resolved through negotiation. In rare occasions, court action may be required.  Although Queensland Law Practice has represented many employers before Industrial Relations Commissions, Ant-Discrimination Tribunals, Chief Industrial Magistrate’s Court and Federal Court of Australia, it is best practice to avoid these often costly and drawn out matters. Our team can guide you through the entire process of disciplinary measures, conducting dispute resolution techniques and if need be finalisation of the court litigation process. 

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