Unemployement

Leading Employment Lawyers in Sydney CBD

In the dynamic landscape of employment law, our firm works to ensure fair treatment and justice for employees while also assisting employers in maintaining compliance. Australian employment law is complex and can be confusing for both employers and employees. Our Sydney CBD employment lawyers are committed to ensuring that every client is equipped with the necessary support to navigate complex workplace issues.

How Can Our Sydney Workplace Solicitors Help You?

Unfair Dismissal

Under the Fair Work Act, a dismissal is unfair if it is ‘harsh, unjust, or unreasonable’, or not a case of genuine redundancy. A dismissal is generally found to be unfair unless it is made because of a valid, sound, and defensible reason.

You can ask the Fair Work Commission to determine if your dismissal was unfair, but you only have 21 days to apply – this time is triggered from the day after your dismissal. Generally, to pursue an unfair dismissal claim, you must also have been with your employer for at least six months (or a year for small business employees).

Advocating for employees in unfair dismissal claims involves scrutinising the circumstances of the dismissal, ensuring adherence to employment contracts, and determining if the termination was ‘harsh, unjust, or unreasonable’, which considers various factors under the relevant legislation. Legal representation is important to navigate these complexities and seek remedies, including reinstatement or compensation.

Adverse Action

An employer must not take ‘adverse action’ against an employee when an employee exercises a workplace right, such as participating in union activity or accessing leave entitlements. Advocacy in adverse action cases involves examining if there has been adverse action and determining if the action was taken because of an employee’s exercise of a workplace right. Our firm works to protect employees from detrimental treatment resulting from their lawful activities.

Workplace Bullying

Workplace bullying is a pervasive issue that can have severe consequences for employees. Examples of bullying include:

  • physically or verbally abusing a worker
  • yelling, screaming or using offensive language towards a worker
  • purposefully excluding or isolating a worker
  • psychological harassment or intimidation of a worker

Advocating for victims of workplace bullying entails understanding the nuances of the behaviour, gathering evidence, and pursuing remedies such as intervention orders, compensation, or changes in workplace culture. Ideally, legal support from an experienced workplace lawyer can empower employees to address and overcome the impact of bullying.

Sexual Harassment

Sexual harassment cases involve unwelcome conduct of a sexual nature that creates a hostile or intimidating work environment. It may include conduct such as:

  • sending sexually explicit or suggestive emails or texts
  • displaying offensive or pornographic material
  • asking intrusive questions about a worker’s personal life
  • inappropriate touching or text messages
  • sexually suggestive taunts or remarks
  • unwanted sexual requests

Legal advocacy for victims of sexual harassment includes guiding them through the complaints process, filing claims, and seeking remedies such as compensation. Our Sydney CBD employment law firm works to create a safe space for victims to come forward and address instances of sexual harassment.

Discrimination

Discrimination in the workplace occurs when a worker is treated less favourably because of a particular protected attribute such as the person’s gender, sexual orientation, race, religion, marital status, family or carer’s responsibilities, and physical or mental disability.

Legal advocacy for employees who have faced discrimination involves challenging discriminatory practices, filing complaints with employers and other relevant authorities, and seeking redress through legal avenues.

Whistleblower Protection

Whistleblowers play a vital role in exposing misconduct within the public sector and private organisations and encourage a culture of transparency and accountability in workplaces. Some whistleblowers have special protections guaranteed by law, which require employers to shield them from reprisals. Legal support can be crucial to ensure that whistleblowers receive appropriate safeguards.

Speak to Our Employment Lawyers in Sydney CBD

Prompt and impartial resolution of complaints, such as those involving bullying and discrimination, is essential for employers. Our guidance from our Sydney CBD employment lawyers can ensure fair investigations that respect the rights of all parties involved. We guide employers in investigating discrimination complaints, ensuring compliance with anti-discrimination laws, and fostering a diverse and inclusive workplace.

For expert legal advice and representation contact [email protected] or call 02 9159 9024.

Employment Lawyers Sydney FAQs

What does an employment lawyer do?

Employment lawyers advise employees and employers on workplace legal issues, including contracts, workplace rights, disputes, unfair dismissal claims, discrimination, and compliance with employment laws.

How can Bernhaut Solicitors help with employment law matters?

Our team assists with employment contracts, workplace disputes, unfair dismissal claims, discrimination and harassment cases, wage disputes, and redundancy matters. We provide clear advice and representation to protect your interests.

What are my rights as an employee in Sydney?

Employees are entitled to workplace rights such as fair wages, safe working conditions, protection against discrimination and harassment, and the ability to take leave as prescribed by Australian workplace laws.

What should I do if I’ve been unfairly dismissed?

If you believe your dismissal was unfair, you may be able to file an unfair dismissal claim through the Fair Work Commission. Contact our team for advice on your eligibility and assistance in preparing your claim.

Can an employment lawyer help with workplace bullying or harassment?

Yes. We can advise on your rights, assist with reporting the issue, and represent you in legal or workplace proceedings to ensure the issue is addressed and resolved.

What is the difference between unfair dismissal and wrongful termination?

Unfair dismissal occurs when an employee is terminated without a valid reason or through an unfair process, while wrongful termination involves a breach of contract or legal obligations by the employer.

What should I include in an employment contract?

An employment contract should clearly outline terms such as job responsibilities, salary, working hours, leave entitlements, termination procedures, and any confidentiality or non-compete clauses. We can help draft or review contracts to ensure compliance and fairness.

Can Bernhaut Solicitors help employers with workplace issues?

Absolutely. We assist employers with drafting contracts, workplace policies, resolving disputes, defending claims, and ensuring compliance with employment laws to minimise legal risks.

How much does it cost to hire an employment lawyer?

Costs vary depending on the complexity of the issue. We offer transparent fee structures and can discuss costs during an initial consultation.

How do I contact Bernhaut Solicitors for employment law advice?

You can reach us on (02) 9159 9024 or [email protected] , or fill out the contact form on our website. Our experienced employment lawyers are ready to assist with your workplace legal matters.