Employment Law
What is employment law?
Employment law describes the laws that cover the relationships between employers and employees. These laws ensure that hours, pay, health and safety, leave entitlements, and all other relevant aspects of employment comply with legislation. It also sets out obligations that a business owner may have when selling or buying a business. Our team will help you understand and adhere to these laws, which will help you foster a fair workplace and enhance employee morale and productivity, ultimately contributing to the long-term success of your business.
Employment law matters we can help include:
Bullying and harassment
Sexual harassment
Discrimination
Unfair dismissal
Pay or leave disputes, including long service leave
Unfair contract terms
Unreasonable scheduling or changing of hours
Unreasonable or unsafe work conditions
Employee/contractor status
Unfair restraints on trade
Underpayment or reduction of pay rate
Understanding your rights and responsibilities
For assistance with all legal matters relating to employer/employee relationships contact the capable team at Nathan White Lawyers today!
Employment law for employers
As an employer, you are legally responsible for following relevant laws when employing or terminating someone as an employee. Your responsibilities include how you hire someone, the schedules or rosters you provide, pay and leave entitlements, and general working conditions, which include health and safety. Additionally, you must consider disciplinary action, conflict resolution, and the procedures for terminating someone’s employment. There are government bodies that exist to enforce employee rights, who will take on a matter on behalf of an employee if they believe you have failed to comply with employment law. In these cases, not knowing or understanding the law is not a valid defence and can even work against you. For this reason, seeking our help for employment matters is crucial for avoiding significant costs to your business.
Employment law for employees
As an employee, you are protected by employment law, which ensures that your working conditions are safe and fair in accordance with legislation. These laws require your employer to meet their obligations regarding your rosters, pay, leave entitlements, and overall working conditions. They also provide pathways for resolving disputes if these laws are not being followed. If you suspect that your employer is not complying with the relevant laws in your industry or if you want to verify their compliance, please contact our team for expert advice on employment law.
Am I an employee or contractor?
An important distinction when it comes to your rights and obligations under employment law is whether you are defined as an employee or a contractor. Contractors are not entitled to the same benefits as employees, such as long service leave, but they have greater discretion over the terms of their engagement.
Some important factors when assessing your employment status are:
Whether or not you control when, where and how you work.
Whether you work for the employer exclusively or provide services to multiple clients.
Whether or not you have the authority to delegate your work to another person without authorisation.
Who assumes the risk and is responsible for faults?
Whether or not you are responsible for supplying and maintaining your tools and equipment.
Whether or not you are being paid leave entitlements.
Whether you are paid an hourly rate or salary from payroll versus invoicing for payment for services or units of work.
Whether you are a part of an existing business or responsible for your own business.
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Your trusted partner in employment law
At Nathan White Lawyers, we prioritise your interests and strive to create a fair and safe working environment for all. Whether you are an employer seeking to understand your responsibilities or an employee wanting to protect your rights, our knowledgeable professionals are committed to providing tailored advice and effective solutions.
Our team is well-versed in the detailed regulations that govern the employer-employee relationship, from hiring practices and leave entitlements to health and safety standards. We understand the obligations of businesses and provide expert guidance to help you remain compliant and avoid costly disputes.
For expert advice for all things employment law, contact Nathan White Lawyers today!
Don't leave your business or career to chance!
Whether you are an employer or an employee, our experts offer tailored advice to help you navigate employment laws and protect your rights, enhancing morale and productivity. Contact us today!