Workplace

Workplace

Our speciality areas:

Award / Industrial Instruments

The employment law system in Australia is based on a safety net concept, which is contained in the Fair Work Act, Fair Work Regulations, Modern Awards or registered Enterprise Agreements.
The Fair Work Act includes the National Employment Standards (NES) which an employer cannot contract out of. read more

Employment Agreements

Most awards / enterprise agreements require employers and employees to agree to certain things at the start of the employment relationship (e.g. whether an employee is full time, part time or casual). read more

Underpayment

If an employer fails to pay an employee the amount required at law (intentionally or accidentally), the employer will be exposed to a number of claims and costs including… read more

Contractors

There are a number of tests to determine the true nature of a work relationship.  Generally it will either be… read more

Underperformance

Where an employee is not performing to the required standard they will often be put onto a Performance Improvement Plan (PIP). read more

Misconduct

Where an employee’s behaviour or conduct is inappropriate, it should be addressed. read more

Discipline

There are many ways to discipline an employee from: guidance, training, direction, performance improvement plans, warnings and dismissal. read more

Investigations

If a complaint is made, the complaint should be appropriately investigated. read more

Dismissing an Employee

If you are thinking about dismissing an employee, Toowoomba Solicitors at Murdoch Lawyers recommend you obtain advice before you do it.

Some key issues to consider are…read more

Redundancy

Redundancy occurs where an employer no longer requires an employee’s job to be performed by anyone because of changes in the operational requirements of the employer’s business. read more

Unfair Dismissal

If you dismiss an employee, the employee will have generally have 21 days to commence an unfair dismissal claim or a general protections claim.  You will then have 7 days to respond to the claim. read more

Adverse Action

This claim can arise where an employer dismisses an employee because… read more

Workplace Bullying

Workplace bullying can harm a person which is why employer’s are required to take reasonably practicable measures to prevent it from occurring and minimising its detrimental impact. read more

Workers Compensation

An employer must take out and maintain a workers compensation policy for a work related accident. read more

WH&S

The work health and safety regime affects all businesses in more ways than one. It would be a mistake to view WH&S as really only being an issue for those involved in the riskier industries or occupations, such as, farming, construction, manufacturing, mining, gas and resources extraction. read more

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