If you're not sure whether your business should hire an employment law firm, here are 4 situations where you should.
Many businesses often underestimate the benefit of using an employment law firm. In Australia, where employment laws are complex and non-compliance can cost your business dearly, hiring a workplace lawyer is a good investment.
Author: Farrah Motley, Legal Principal of Prosper Law.
You need an employment contract drafted
Employment contracts are complex agreements. For this reason, it is important that you engage an employment law firm to prepare an employment contract. It is also important to avoid the temptation to use the employment contracts of other businesses because they may not be appropriate to use for your business and your employees.
This way, you can ensure that your employment agreement complies with all the necessary employment laws in Australia. It is also a useful tool to protect your business.
An employment law firm can also explain what certain clauses in the employment agreement mean. If you can develop an understanding of the employment contract clauses, you will be able to answer questions raised by your employees in relation to the contract.
Your employee is underperforming
Businesses in Australia face a difficult task when determining how they should deal with employees that are not performing their duties or not performing them well.
Your business may face fines and other legal consequences if you simply fire your employee because they are underperforming. You need to performance manage your employee and clearly explained to them what they're doing wrong. This process needs to be properly documented.
An employment law firm can help you to navigate this process correctly. This could include preparing templates for you, meeting with managers to explain what they should and should not say, and dealing with unexpected issues as they come up.
Depending on how bad your employee's conduct is, there may also be limited circumstances where you may be able to immediately terminate your employee for serious misconduct. An employment law firm will be able to advise you whether you can do this.
Your employee alleges they have been unfairly dismissed or discriminated against at work
If your employee alleges that they have been unfairly dismissed from their employment or discriminated against at work, you should engage an employment lawyer straight away.
Even though you will have to pay the legal fees of the employment law firm, they may save you a lot of money in the long run.
Unfair dismissal and or discrimination in Australia are fairly common and they can cost employers a significant amount in both time, effort and money.
For example, under the Fair Work Act 2009 (Cth), The maximum amount of compensation available to employees for unfair dismissal. Is the equivalent of six months of their salary.
Claims made against employers for workplace discrimination do not have any limit on the amount of money the employee can claim.
If your business can't afford the amount of a compensation claim brought by an employee, then they cannot afford not to engage an employment law firm. Your business needs to hire a workplace lawyer to protect its rights and defend any claim brought against it by an employee.
Your business needs to understand how Modern Awards might apply to your employees
The Fair Work Act applies to all types of employment in Australia. However, there are also instruments called Modern Awards that apply to particular classes of employees and different industries.
It can be difficult to identify what Modern Awards apply to which employees and what to do when two or more Modern Awards appear to apply to the same employee.
An employment law firm can help you navigate this and explain what modern awards apply and how to comply with them.
How can Prosper Law help?
Prosper Law provides employment legal advice to businesses across Australia. If your business is looking for a workplace lawyer to help them with their business legal needs, contact us today.
We can provide you with a fixed fee quote and a no-obligation, free consultation.
Farrah Motley | Legal Principal
PROSPER LAW - A Commercial Law Firm for Businesses
M: 0422 721 121
A: Suite No. 99, Level 54, 111 Eagle Street, Brisbane, Queensland Australia 4000
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