Employment Law

In Australia, either you are an employer or an employee, you need to understand employment law as you have a number of legal rights and obligations to abide by under various employment legislation either state-based or Federal base system.

As an employer, you are obliged to comply with all aspect of employment law. You must ensure that you provide your employees a safe and secure working environment that is free from bullying, discrimination, and harassment.

You are also required to provide your employees the necessary training, resources, and mentoring they need to work safely and efficiently. As an employer, complying with employment law will boosts your professional image, attracts higher quality talent, and increases retention rates.

As an employee, you need to know your legal rights and obligations under the employment contract or employment legislation to assist you to pursue your employee entitlements and to comply with your employment obligations.

Either you are an employer or an employee, Tang Law’s experienced employment lawyers can assist you in the following areas:

  • Employment entitlements and contract review.
  • Termination of employment.
  • Negotiating settlements of employment disputes.
  • Lodging unfair dismissal claim, unlawful dismissal claim, or general protection claim.
  • Representing you at courts or tribunals.
  • Performance management.
  • Discrimination, bullying and harassment.

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    ADVICE ON EMPLOYMENT AGREEMENTS

    An employment agreement, or an employment contract, is a legally binding contractual agreement that sets out the terms and conditions of your employment. This can be in writing or verbal form.

    Australian laws provide a set of minimum wage standards for each occupation and employment agreements that provide less than these standards are not permissible. These wage standards are set out in the National Employment Standards (NES) but can be varied by various awards, or registered agreements.

    As an Employment Agreement can be a lengthy and complex document, it is essential that at the outset you are aware of your rights and obligations before signing the legally binding agreement.

    Tang Law can assist you and provide you with the following services:

    DISCRIMINATION CLAIMS AND EQUAL OPPORTUNITY

    Discrimination is the unfair treatment of a person or a group of persons differently from other people or groups of people. It is against Australian law to discriminate on someone based on a personal characteristic such as age, gender, race, or disability.

    There are two ways discrimination can happen. Direct discrimination is where you are treated less favourable than anyone else would have been in similar circumstances. Indirect discrimination is where a law, policy, or practice seems to apply to everybody equally but disproportionately affects a group of people of a particular race, sex or other group because they cannot comply with the requirement.

    There are both national and state laws that protect you from discrimination. There are also many grounds for discrimination under these laws.

    Understanding what counts as discrimination and knowing if you have a ground for a claim can be complicated and difficult.

    Tang Law can assist you and provide you with the following services:

    UNFAIR DISMISSAL

    If you are an employee and you have been dismissed in a harsh, unjust, or unreasonable manner, this may be an unfair dismissal.

    The Fair Work Commission is the government body that ensures compliance with the Fair Work Act 2009 (Cth).

    In order to be able to bring your matter to the Fair Work commission, there are criteria that must be met. You must be an employee under then national system and be either covered with an award or earning less than the high income threshold. You must have been employed for at least twelve months if you work for a small business or six months if you work for a large business with fifteen employees or more.

    Tang Law can assist you if you believe that you have been unfairly dismissed and provide you with the following services:

    DISMISSAL AND REDUNDANCY DISPUTES

    If you have been dismissed or made redundant from your workplace and you believe that your employer has not fulfilled their obligations to you, it is possible to dispute your dismissal or redundancy. This is a complex area that can be confusing.

    Tang Law can assist you if you would like to dispute your dismissal or redundancy and provide you with the following services: