Workplace Issues

Ensuring your rights as an employer or employee are protected is an important part of your financial security and wellbeing. At Kelly Legal, we can provide specialised legal advice when it comes to industrial relations and employment law to ensure you or your business are being treated fairly in the workplace. We have experience in drafting agreements and contracts for employers and business owners across a range of industries, as well as helping employees understand their rights and reviewing their employment contracts and terms. Enterprise agreements are specific conditions that are set out for one workplace. Kelly Legal can help an employer design and implement these agreements in compliance with legislative requirements, as well as facilitate mediation should there be a dispute. We also work with employers to ensure that modern awards within the Fair Work Act 2009 are being carried out appropriately in the workplace and, alternatively, we may act on behalf of an employee who feels that modern award conditions are not being complied with. If you have a workplace law matter that requires specialised legal advice, contact Kelly Legal for more information. 

Any form of discrimination, harassment or bullying in the workplace is unacceptable and there are relevant laws in place to ensure people are treated fairly in the workplace. Discrimination, harassment and bullying can take place at any stage of the employment and can include a range of behaviours based on, or including: Race, sex, age, disability or sexual orientation. Telling insulting jokes about particular racial groups Sending explicit or sexually suggestive emails or text messages Yelling, screaming or using offensive language Intimidation, and much more. Many people do not feel comfortable reporting such behaviours, as they fear they may lose their job but rest assured, every employer has the legal responsibility to ensure their employees are treated fairly. We recommend those who feel they are subject to discrimination, harassment and bullying follow these steps: Speak to the perpetrator (if possible) Speak to your employer, union representative or human resource manager If the above steps do not offer a successful outcome, please contact the Kelly Legal team for further advice Lodge a complaint with the Fair Work Commission (Kelly Legal can help with these proceedings). Each case is different and Kelly Legal is here to help if you are experiencing mistreatment at work. Call the team to start the discussion on 4911 0500. 

Redundancy is when, through no fault of your own, your employer no longer needs your job within the business. Losing your job through redundancy can leave you feeling anxious about your future but it’s important to know your rights and whether or not you may be entitled to redundancy pay. A ‘genuine’ redundancy occurs when an employer no longer requires the employer’s job to be performed due to operational requirements, and the employer has complied with any obligation imposed by an applicable modern award or enterprise agreement. Please note, redundancy cannot be used to replace an employee. If you feel this has occurred, then it could be argued that you were dismissed rather than made redundant. If you are facing, or have experienced, a redundancy, please don’t hesitate to contact the team at Kelly Legal to gain further advice.

Unlawful termination is when an employer ends employment for unlawful reasons which can include: Temporary absence from work due to illness or injury Trade union membership or participation in union activities outside working hours Non-membership of a trade union Acting or having acted in the capacity of an employee representative Filing a complaint against the employer for alleged violation of laws or regulations Race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibility, pregnancy, religion, political opinion, national extraction or social origin Absence from work during maternity or parental leave Temporary absence from work for the purposes of engaging in voluntary emergency management activity. In most cases, employees who are covered by unlawful termination laws are not covered by a national workplace system. In Queensland, these employees include: State government employees Local government employees Employees covered by a national workplace system but unable to make a general protections application, may also make an application for unlawful termination. Due to the complexities of unlawful termination and the need to submit an application within 21 days after the termination takes place, we recommend you contact our experienced lawyers at Kelly Legal on 4911 0500 as soon as possible to discuss your matter further.

Unfair dismissal is when an employee is dismissed from their job in an unreasonable and unjust manner. Experiencing unfair dismissal can have a large impact on yourself and those around you. At Kelly Legal, we can consider your individual circumstances and help you decide whether to commence a claim. Important Information An employee has 21 days from the date of dismissal to commence an application. There are some important points we need to assess before lodging a claim: Employees have to be employed for at least 6 months before they can commence an unfair dismissal claim if the employer has 15 or more employees. Employees have to be employed for at least 12 months before they can commence an unfair dismissal claim if the employer has fewer than 15 employees. Once you have decided to go ahead with making a claim, we can act on your behalf by lodging an application with the Fair Work Commission or the Queensland Industrial Relations Commission. Don’t hesitate to talk to the team at Kelly Legal so we can reduce any confusion or complexities with unfair dismissals.