Our Workplace Relations team specialises in assisting senior level workers with various employment related issues.
We understand the industrial relations landscape can be particularly difficult to navigate and we are able to assist by providing technical advice delivered in a simple, relatable and cost-effective manner.
How can we help?
Our Workplace Relations team have extensive knowledge in various areas of employment law, including:
- Unfair dismissals
- General protections
- Redundancies
Unfair dismissal
If you think your employment has been unfairly terminated, you may make an unfair dismissal application with the Fair Work Commission. In order to do so, you must satisfy a few threshold requirements, including:
- that you have worked with your employer for at least 6 months (or 12 months’ in some circumstances); and
- that you earn less than the high income threshold; or
- that you are covered by a modern award; or
- you have an enterprise agreement which applies to your employment.
An unfair dismissal application must also be made within 21 days of the termination being effective.
The Workplace Relations team at Coulter Legal can assist you with providing advice on whether you are able to make an unfair dismissal claim, as well as representing you throughout the entire process. If you are unable to make an unfair dismissal claim for reasons outlined above, the Workplace Relations team have extensive knowledge and expertise in other post-termination claims, including general protections claims.
General protections
The general protections provisions of the Fair Work Act 2009 (Cth) are aimed at protecting workers against being treated adversely because of a protected reason. Protected reasons include:
- the worker exercised a workplace right (for example, a worker made a complaint regarding a colleague’s behaviour);
- the worker exercises their rights, or does not exercise their right, to be engaged in industrial activity (for example, the worker decided to engage in a stoppage of work); or
- the worker has a protected attribute (for example, race, sexual orientation, family or carer’s responsibility or disability).
If you have been treated adversely in your employment because of a protected reason, you may be entitled to make a general protections claim with the Fair Work Commission. Being treated “adversely” in your employment extends beyond simply being terminated from your employment. It also includes circumstances:
- where an employer injures an employee in their employment;
- where an employer alters the position of an employee to their detriment; and
- where an employer discriminates between and employee and other employees.
The general protections provisions also apply to prospective employees, contractors and other types of workers.
The Workplace Relations team at Coulter Legal can assist workers who have been treated adversely in determining whether a business has contravened the general protections provisions of the Fair Work Act 2009 (Cth).
Redundancy
From time to time, businesses will undertake a review of their operational requirements in order to implement a restructure. More often than not, the restructure will result in various positions being made redundant.
Generally, if a Modern Award covers a business or the business is a party to an enterprise agreement, affected employees will be entitled to participate in a consultation process with the business to consult on matters relating to the proposed redundancy.
Where a position is considered to be redundant, meaning that the position is no longer required to be performed by anyone, affected employees are also entitled to be offered any reasonable redeployment opportunities.
If no redeployment opportunities are available, employees are also entitled to redundancy pay, which is calculated in accordance with the length of continuous service.
The Workplace Relations team at Coulter Legal has specific knowledge in redundancy process and entitlements and are able to assist and provide advice in relation to any questions you may have about a proposed, or actual, redundancy.
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