Issues within the workplace can cause stress, which can only aggravate the situation when you are not well informed about your rights. The same is vital for businesses balancing growth and compliance. So, hiring employment law specialists in Sydney is quite an essential move to handle disputes and dismissals, as well as ensuring policies, contracts, and workplace practices follow Australian regulations.
Protecting Both Employees and Employers
- Protecting Rights of Employees
Under the Fair Work Act, employment law specialists can explain your entitlements and help you resolve disputes, including unfair dismissal, harassment, or underpayment. They can also represent you in cases before the Fair Work Commission or other tribunals.
- Providing Advice for Employers
Business owners can take advantage of employment lawyers because they can draft employment contracts for them, including workplace policies and procedures. They can also ensure compliance with awards, minimum wage laws, and Work Health and Safety (WHS) obligations.
- Handling of Complex Cases
The services of employment lawyers can be invaluable in certain situations, including workplace discrimination or bullying claims. They can also help in the misclassification of workers, as well as termination disputes and severance issues.
Who Are Not Covered by Australian Employment Laws
Although independent contractors, gig workers, or state-level employees are not covered by employment laws, they don’t lose all protection. In fact, their rights come from different laws and agreements and not from the Fair Work Act.
- Contractor and Gig Workers
These people will miss out on entitlements because they are not employees to begin with. So, they will not enjoy annual leave, sick leave, and unfair dismissal protection. But they can be under the contract law to ensure they get paid for agreed work. At the same time, they get covered by the WHS laws, Australian Consumer Law, and the Tax and Superannuation rules.
- State or Local Government Employees
There are also state-based industrial relations systems like in Western Australia or Queensland that offer similar rights but managed locally.
- Vulnerable or Misclassified Workers
In the event when employers misclassify employees as contractors to avoid legal obligations, there is the Fair Work Ombudsman who will investigate and issue penalties.
Limitations of Employment Laws in Australia
- Limited Scope on Certain Issues
Employment laws cover workplace relations, pay, and safety. However, they do not cover issues like career development, stress caused by personal conflicts, or management style. The only exception is when it crosses into harassment or discrimination.
- Enforcement Can Be Complex
You may not count on a speedy processing of violations to the Fair Work Commission. Likewise, most disputes would require evidence and legal support, which can be challenging for individuals to handle by themselves.
- Different Rules by Industry or State
When it comes to employment, some sectors are known to have specific regulations or awards. That said, state and federal laws may also overlap, leading to confusion about which set of rules applies.
Avoid the confusion when it comes to employment disputes by allowing specialists to handle them. At Coleman Greig Lawyers, we understand how important it is to resolve issues surrounding employment law. Contact us today and gain access to some of the best legal minds in the industry with comprehensive understanding about employment law in the country.