Employment Law
Employment Law
Employment law has been a special interest area for Melinda for over a decade. It may be more accessible than you realise!
Employment lawyers are not just for large corporations. Small and medium sized businesses can also benefit greatly from getting quality advice at an early stage.
When providing employment law advice, we take the time to understand your business and your objectives and seek to design solutions to fit. We aim to ensure manageable issues don’t become large problems and help you avoid non-compliance breaches and workplace claims.
We provide legal services in all aspects of employment and industrial relations law, from engagement through to performance management, as well as termination or restructuring.
Examples of our employment law services include:
- Employment contracts
- Contractor agreements
- Award identification, classification and interpretation
- Wage compliance checks
- Employment policy reviews
- Employee illness and injury management
- Performance management and disciplinary action
- Workplace investigations
- Dismissals and redundancies
- Discrimination advice and claims
- Fair Work Claims – general protections, unfair dismissals and NES obligations.
FAQs
Is it expensive to engage an employment lawyer?
This depends on your legal problem. Often a lawyer can tailor a scope of works which suits your budget and objectives. Most lawyers will charge either an hourly rate or a fixed fee and should give you an estimate before you engage them.
As an employer, the investment is definitely worthwhile to protect yourself and help your business thrive.
At Parisi Foley Law, we give you certainty before we proceed. Contact us with your employment law questions.
Can I fire an employee for underperformance?
Not all staff live up to your expectations. However, if you act brashly, you could put yourself at risk of unfair dismissal claims. Seeking advice from an employment lawyer is the smartest step you could take. It’s not necessarily expensive and it gives you confidence in your actions.
I am about to hire employees for the first time. Do I need an employment lawyer?
An employment lawyer could be a very worthwhile investment. You can receive advice about applicable Awards, employment contracts, recommended employment policies, employee rights and entitlements, and so much more. Sound advice in these areas can prevent expensive disputes or claims from arising.
There may be some areas you need more help with than others. It may just be a matter of seeking advice about what risks you need to manage and how. The extent of advice you receive depends on your concerns and budget. It’s worth introducing yourself to an employment lawyer to ask some general questions so you understand your rights and obligations.
Can I change an employee’s job description or duties?
Usually minor changes to an employee’s job description or duties would be okay. A more significant change in a person’s job description or duties without their agreement or consent (particularly if it has the effect of reducing pay or conditions) might result in a constructive dismissal or a partial redundancy. It might also require processes to be followed under the employment contract, Fair Work Act or any applicable industrial instrument such as an Award. If you have any doubt, we recommend taking legal advice about the appropriate steps to take to achieve your objectives.
Do I have to pay overtime?
Quite often an employee will have an entitlement to payment for overtime. Entitlements are generally governed by the employee’s Award, employment contract or other industrial instrument. Even small amounts of unpaid overtime over a long period can amount to a large underpayment problem and a serious breach of the Fair Work Act. Back paying overtime entitlements can also have dramatic effects on a businesses’ cashflow. It is best you take advice upfront so that you can appropriately structure rosters, make provision in cashflow and avoid any unintended employment breaches.
I employ people through a company, can I be personally prosecuted for unpaid wages?
Yes you can be if certain criteria are met. In particular, the Fair Work Act permits the imposition of personal monetary penalties against individuals and directors and the Queensland Criminal Code also makes intentional wage theft a crime which is punishable by jail terms for persons involved in contraventions. It is therefore important that if you have any niggling doubts or concerns that you seek early advice and address the outcome of any findings at the earliest opportunity.
