EMPLOYMENT LAW

A dismissal may be considered unfair if it’s harsh, unjust, or unreasonable, lacks valid reason, or doesn’t follow the proper process. Factors considered include whether there was a valid reason for capacity or conduct, if the employee could respond, and whether warnings were given for performance issues. Eligible employees generally have 21 days from dismissal to file an unfair dismissal claim.

Modern awards are industry-specific documents that prescribe the rights and responsibilities of all employees working in a specific field. They are more specific than the National Employment Standards and may provide additional rights regarding matters such as rostering, penalty rates, site allowances, overtime and redundancy processes. They will also provide details of the minimum rates of pay for your industry and specific position.

You can find out which award your employment is covered by going to the Fair Work Ombudsman website https://www.fairwork.gov.au/awards-and-agreements/awards.

Modern Awards cover employers and employees based on industry and occupation. To determine coverage, you need to assess your business activities against award classifications. Multiple awards may apply to businesses with diverse functions. We can help assess award coverage, explain your obligations, and implement systems to ensure compliance with relevant pay rates and conditions.

The distinction involves multiple factors, including control over work, payment methods, equipment provision, and risk assumption. Misclassifying employees as contractors can lead to significant liabilities for unpaid entitlements and superannuation. We help businesses properly classify workers and structure arrangements that reflect the intended relationship while complying with legal requirements.

Employers should have clear policies, take all complaints seriously, investigate promptly and impartially, maintain confidentiality, and take appropriate action based on findings. Proper handling protects employees and reduces legal risks.

Notice periods depend on the employee’s length of service, terms in their employment contract or applicable award. The Fair Work Act specifies minimum notice periods ranging from one to five weeks, with potential for longer periods in contracts. Notice may not be required in cases of serious misconduct.

Genuine redundancies occur when a position is no longer required due to operational changes. Obligations include consulting with affected employees, considering redeployment opportunities, and providing notice and redundancy pay based on service length. Failing to follow proper redundancy processes may result in unfair dismissal claims. We can help employers through compliant restructuring processes.

Restraint of trade clauses can be included in employment contracts in Queensland, but they must be reasonable and enforceable. These clauses aim to protect an employer’s legitimate business interests, such as confidential information, trade secrets, and customer relationships. Courts may modify overly broad restraints rather than invalidate them entirely.

Employers must maintain records, including employee details, pay rates, hours worked, leave accruals, superannuation contributions, and termination information. These records must be legible and accessible to Fair Work Inspectors and kept for seven years.

Enterprise agreements apply to all employees working for a certain employer and must be approved by the Fair Work Commission. They are similar to modern awards in that they will provide extensive and specific rights relating to your employment. These agreements cannot offer less favourable terms than the relevant modern award or National Employment Standards—employees must be “better off overall” compared to the applicable award. You can check if your employment is covered by an enterprise agreement by searching the Fair Work Commission website at https://www.fwc.gov.au/search/document/agreement.

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places: (a) The National Employment Standards in the Fair Work Act 2009 (Cth);

(b) Any applicable industry modern award; (c) An employer-specific enterprise bargaining agreement; and/or (d) Rights under other pieces of legislation.