Employment and Workplace Law
Our Perth employment lawyers have experience and expertise dealing with a variety of employment law and workplace issues on behalf of both employers and employees.
Our experience includes advising and acting in relation to unfair and unlawful dismissals, employment contracts, independent contractor arrangements, redundancy, workplace bullying and harassment, HR policies and procedures, awards and minimum entitlements.
We can assist with:
- providing you with legal advice in relation to your rights and obligations as either an employer or an employee
- negotiating settlements of disputes including through mediation
- representing you before courts and tribunals, including the Fair Work Commission and the Western Australian Industrial Relations Commission.
Unfair and Unlawful Dismissal
One of the most common areas of employment law is that which deals with unfair dismissal of employees. Unfair dismissal is where an employee is dismissed from their employment in a harsh, unjust or unreasonable manner.
In addition to laws relating to unfair dismissals, there are laws relating to unlawful dismissals which are generally more serious than unfair dismissal. Unlawful dismissals generally occur where an employee is dismissed for a discriminatory reason or for exercising a workplace right.
Certain employees are entitled to make an application to either the Fair Work Commission or the Western Australian Industrial Relations Commission where they believe that their dismissal was unfair or unlawful.
The legislation which primarily governs employment and workplace relations include the following Acts:
- Fair Work Act 2009 (Cth)
- Industrial Relations Act 1979 (WA)
- Minimum Conditions of Employment Act 1993 (WA)
- Long Service Leave Act 1958 (WA)
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If you are an employee and believe you have been unfairly dismissed, you should obtain legal advice as soon as possible as ordinarily there are strict time limits which apply in which you may dispute your dismissal.