Industrial, Employment law and WorkCover
Author:
Andersons Solicitors
Publish Date: December 2, 2008
The field of industrial and employment law has experienced an unprecedented amount of change over the past few years, with further major changes to be instituted in the near future. In this fluid environment it is important to secure legal advice from an adviser that works constantly in the field.
Employment law covers a wide range of issues, the majority of which affect both employers and employees. An employment law issue can arise at any stage of the employment relationship. It is important that each party makes the right decisions at each step along the way, from employment through performance management issues to the termination of the relationship. This means that you may need legal advice at any of these stages.
Andersons maintains a thriving employment law practice and has experience in dealing with all employment legal issues from our city offices and branches in suburban Adelaide, and in major country centres across the State.
We represent both employers and employees and, because of our insight into each area, we can often find solutions that suit both parties with the aim of resolving your employment issues by negotiation. This can secure you a quick and cost effective resolution to your dispute.
The law on establishing employment relationships has recently changed, with the Federal Government making substantial amendments to the Workplace Relations Act. Employment contracts must now pass a "no disadvantage test" under which the Workplace Authority compares the contracted conditions with those of the relevant collective agreement or award.
If you are an employee, Andersons can advise you about negotiating an appropriate individual agreement with your employer. One of our lawyers can even represent you in those negotiations.
A number of disputes can arise after the employment relationship is established. For example the parties may have a dispute about the amount of wages payable or the satisfaction of other conditions of employment, such as the grant of appropriate loadings or parental leave.
Many legal problems arise out of performance management or disciplinary issues. Performance management processes can be very distressing for workers, who may face performance issues at work because of concurrent problems in other parts of their lives. However their responses to performance management can be very important to their future in a job. Proper legal advice is therefore very important.
While unfair dismissal protection currently does not apply to a significant majority of workers, this does not necessarily mean that workers have no legal recourse on dismissal, for example through an action for breach of contract. Furthermore it is likely that unfair dismissal protection will be reinstated at least to some degree later in 2008 when the government intends to make further and more far reaching amendments to industrial laws. Both parties must understand these issues when dealing with dismissal proceedings.
Another employment related legal topic is WorkCover. The WorkCover scheme provides compensation for workers injured in work related incidents. There is considerable scope for dispute about the liability of the WorkCover Corporation to pay compensation and about injured worker's compliance with their statutory obligations. Andersons has an extensive personal injury practice and our personal injury lawyers are experienced in dealing with WorkCover claims.
Please contact Andersons on 1800 653 655 to arrange an initial consultation with one of our specialist legal team to discuss your employment law or WorkCover issue.
