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.