Workplace Disputes
We understand the mindset and concerns that employers face managing employees and the risks of workplace disputes and legal claims that may be brought against them. When working with Optimum Legal, you can guarantee that our team always has our clients' best interests in mind, and offers expert advice and legal representation defending a range of claims, combined with a favourable fee structure.
About Workplace Disputes
Optimum Legal can help you with defending any number of claims that an employee can bring against their employer, as well as act as a third-party mediator to resolve workplace disputes to reduce the risk of a claim being brought.
As an employer, you can put measures and policies in place to minimise the risk of legal claims being made against you, such as:
unfair dismissal
general protections
discrimination
sexual harassment
However, even with measures in place to minimise the risk, these claims can still come to light. Defending these claims can be costly in time, money, and stress for you and your business.
That’s where we come in. At Optimum Legal, our team has years of extensive experience defending claims for both employers and employees for claims of unfair dismissal, general protections, discrimination and harassment, and more. We’ll guide you through the process keeping you updated to save you the time, stress and money so you can focus on your business and employees. Optimum Legal is on your side every step of the way.
Our team can help defend or reduce the risk
of the following types of claims:
Unfair Dismissal
Every year, the number of unfair dismissal claims made by employees against their employers is continuing to grow. In 2019, there were 14,652 unfair dismissal claims lodged in the Fair Work Commission, up from 13,538 claims made in 2018.
The law surrounding unfair dismissal can be complex and there are any number of matters which can determine whether a dismissal is harsh, unjust or unreasonable according to the Fair Work Act 2009.
We strongly recommend that if you are not sure of what your requirements are when considering dismissal of an employee you should seek legal advice prior to terminating any employment agreements. As an employee, if you believe you have been unfairly dismissed from employment, we recommend seeking legal advice as soon as possible as strict time limits apply. Applications must be lodged within 21 days of dismissal becoming effective.
Find out more about unfair dismissal claims, here.
Discrimination
Discrimination claims are very personal and can have serious consequences for those involved. As an employer, if you have received a complaint about discrimination from an employee, or are defending a formal complaint of discrimination, it is imperative to seek trusted legal advice immediately before proceeding.
Employers are responsible for the conduct of their staff and will be held liable for any unlawful discrimination they engage in, even if you are not directly involved. This means the penalties and consequences, including reputation damage, can impact on your business.
Unaddressed complaints, workplace disputes, or bullying and harassment related to age, race, sex, disability, religion, criminal records, trade union activity, sexual preference, political opinion and social origin, can lead to a discrimination claim.
Find out more about discrimination claims, here.
We advise employers to seek expert guidance from an industry professional in HR advisory and employment law to investigate and resolve disputes, and conduct workplace training for employees.
General Protections
In Australia, your employees are protected by rights and entitlements known as ‘general protections’. General protections rights protect employees, for example, if an employee’s employment contract is unjustly terminated or a different form of adverse action has been made against them. General protections are intended to:
protect workplace rights
protect freedom of association
provide protection from workplace discrimination, and
provide effective relief for persons who have been discriminated against, victimised, or have experienced other unfair treatment.
Find out more about general protections, here.
Entering into or defending a general protections claim can be costly, therefore we recommend seeking advice from a trusted employment law team before you act.
Sexual Harassment
Sexual harassment is unwanted or unwelcome sexual behaviour which makes a person feel offended, humiliated or intimidated. Under section 106 of the Sex Discrimination Act 1984, employers may be vicariously liable if one of their employees commits sexual harassment and the employer did not take all reasonable steps to prevent the employee from doing these acts, such as providing workplace training or addressing a formal complaint.
Sexual harassment includes, but is not limited to: touching, repeated requests for dates/sexual favours, questions about a person’s sex life, or sex-based insults. It can also include texts or social media messaging outside of regular work hours.
Employers should thoroughly educate themselves on the legalities of sexual harassment claims in the workplace or during an employees’ course of work. Both males and females can be the victims or perpetrators of sexual harassment in the workplace.
Optimum Legal can ensure you have robust policies in place and help you to communicate this with your staff, as well as conduct regular professional workplace training on all areas of workplace disputes that can lead to legal claims. We can defend claims on behalf of both employers and employees in all areas of workplace disputes, including sexual harassment.
If you have concerns regarding an existing or potential claim made against you, the most important thing to do is seek expert legal advice as soon as possible, from a team that understands your concerns as a business owner and is on your side.
Optimum Legal can help you to navigate the legal jargon, protect your rights and entitlements, and help you understand the circumstances workplace disputes to reach the best outcome.
“...they have gone above and beyond to help me and they were there with all of the answers I need about my case. I could not ask for better people to help me.”
Other Areas Of Law
We can assist as an employer with all aspects of managing your employees — throughout the lifecycle of the employer and employee relationship. From basic HR advisory services, to more complex matters such as drafting employment agreements, policies and procedures, and enterprise bargaining negotiations. Prevention is always the best way to mitigate a costly workplace dispute.
By engaging an experienced, external team to conduct a workplace misconduct investigation, for issues such as bullying, discrimination, or harassment, you can protect the integrity of your business and employees. These issues can often be highly personal, complicated and have serious consequences for the people involved and the reputation of your business. Optimum Legal can help address and resolve these issues by conducting a workplace investigation.