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Employment Law Firm Gold Coast

Employment Law & Industrial Relations

While employment relationships are really just a matter of contract, this relationship and its termination can be complicated by emotions, the role of third parties and the legislation on what is considered a fair termination of employment.

The team at Adams Wilson Lawyers have a wealth of experience in all areas of employment law, offering sound advice to both employers and employees.

Our service areas:

We Can Help

With employment law matters, there are strict time limits in which you are able to take action so don’t delay in getting in contact.

Please call us on (07) 5593 0277 or send an enquiry today.

Experienced Employment Lawyers

Our experienced lawyers are considered experts in the field with skills in a range of Industrial Relations Law and Employment Law matters. 

We have been the preferred legal provider to Bond University and Steelx in all matters relating to the negotiation and drafting of their Employment Agreements, Contractors Agreements and documentation relating to employees, agents and contractors.

Our lawyers have advised and acted for BHP Billiton, Westpac, Qantas, Ansett, News Limited, Bond University, Steelx and Macquarie Regional Radio on matters relating to Employment Law and Industrial Relations for our clients situated on the Gold Coast and in Sydney.

Our Employment Law Services

We offer the following Employment Law & Industrial Relations services:

Our Employment Lawyers

Frequently Asked Questions

What is an employment contract?

An employment contract is a binding agreement between two parties stipulating that an individual will perform work in return for payment. The employment contract also sets out the rights and obligations that each party must adhere.

Without a well-drafted employment contract, either parties rights and obligations can be misinterpreted or misunderstood which can put the business at risk.

What is a breach of employment contract?

A breach of an employment contract can occur when either party fails to perform their duties under the contract terms.

For example, an employer may be liable for a breach if they denied an employee any benefits that they were entitled as outlined in the conract terms.

An employee could be in breach if they were found to have disclosed confidential information that is meant to remain private for the company.

What remedies are available for unfair dismissal proceedings?

  • Reinstatement (getting the job back);
  • Continuity (an order that it should be as though the dismissal did not take place);
  • Monetary settlement (eg lost pay or compensation);
  • A statement of service (stating how long the employee worked for the employer and what they did);
  • Payment of owed entitlements;
  • An apology;
  • A non-disparagement agreement (where neither party can bad-mouth the other).

What is a "reasonable notice" period?

If an employment contract doesn't specify a notice period on termination or the employment contract is out of date, a "resonable notice" period could be anywhere from 1 - 12 months.

How are rights in the workplace enforced?

The Australian Human Rights Commission is an independent agency that investigates and resolves complaints about discrimination at work.

You can make a complaint no matter where you live in Australia. It doesn’t cost anything to make a complaint.

What is redundancy?

Redundancy happens when an employer doesn't need an employee's job to be done anymore or becomes insolvent / backrupt. This renders an employees job redundant and they are terminated.

If an employee has been working for the employer for 2 years or more, they will be entitled to redundancy pay.

What is employment discrimination?

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his/her race, skin colour, gender, national origin, disability, religion or age.

What remedies are available for discrimination or harassment?

The most common remedy after a hearing is financial compensation.

You can claim lost earnings, compensation for hurt and humiliation, and related out of pocked expenses such as medical expenses.

To get financial compensation, you need to prove you were discriminated against and you also need to prove that the loss or damage is a result of the discriminatory conduct.

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his/her race, skin colour, gender, national origin, disability, religion or age.

Are there certain questions that an employer may not ask during a job interview?

Not everything is up for discussion when sitting down for that all-important talk with a prospective employer.

Here are some example questions that you cannot be asked during a job interview:

  • You cannot be asked your age.
  • You cannot be asked if you have children/planning to have kids.
  • You cannot be asked your marital status.
  • You cannot be asked if you have a medical condition.
  • You cannot be asked if you follow a religion.
  • You cannot be asked if you've ever filed for workers' compensation.
  • You cannot be asked if you use drugs or alcohol.
  • You cannot be asked if you're a member of a union.

How may an employer monitor employees in the workplace?

It is legal for an employer to monitor employee use of of company property such as computers, laptops, phones, internet etc. However, the employer must inform the staff about the monitoring system.

I applied for a job and didn't get it; can I get access to my personal information held by the employer?

If you applied for a job within the private sector and were unsuccessful, the employee records exemption does not apply and you may be able to ask for access to the information related to you.

How can I tell if I should be classified as a contractor or employee?

The difference between an independent contractor and an employee is determined by many different factors. There is no single factor that can determine whether a person is an employee or contractor.

Courts will look at each case and make a decision based on the totality of the relationship between the parties when determining the status of a person's employment.

Is it ever acceptable for an employer to consider someone’s disability during the hiring process?

No, it is never acceptable.

What Next?

Employees

If you’ve been dismissed from your job and believe it was an unfair or adverse reaction you should contact one of our Gold Coast employment lawyers as soon as possible.

Employers

If you’re an employer and wish to dismiss an employee, you should seek our advice beforehand to minimise the risk of unfair dismissal and the matter being litigated.

Contact Us

With employment law matters, there are strict time limits in which you are able to take action so don’t delay in contacting a law firm experienced with employment law matters.

Please call us on (07) 5593 0277 or send us an enquiry today.