New Release: Security of Payment Guide 7th Edition – Download your FREE copy here
Our Employment Lawyers assist both employers and employees with a broad range of workplace issues.
We advise and assist clients in relation to Employment Contracts, workplace rights and general protections under the Fair Work Act, Modern Awards and Enterprise Agreements, Workplace Policies, performance management and terminations, unfair dismissal claims and employment related disputes.
We help Employers to protect their interests and Employees to enforce their rights.
We understand and value the importance our clients place on establishing and maintaining cohesive, constructive employment relationships and safe working environments.
In an area of law that is constantly changing we provide you with clear, concise, practical and timely legal advice to enable you to make informed employment decisions and manage workplace risks and incidents.
An unfair dismissal occurs where an employee is dismissed from their job and the dismissal is harsh, unjust or unreasonable.
The employee/employer relationship is extremely complex and typically involves the employer placing a great amount of trust in the employee from an early stage.
A groundbreaking decision by the High Court of Australia in Elisha v Vision Australia Limited [2024] HCA 50 (Elisha) has set a new precedent by allowing damages for psychiatric injuries caused by an employer’s breach of contract.
The law relating to unfair dismissal claims is contained in the Fair Work Act 2009. Unfair dismissal claims are commenced by filing an Unfair Dismissal Application with the Fair Work Commission. However, an Application can only be made within 21 calendar days of the date the dismissal takes effect.
This article is the third part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on the amendments to enterprise bargaining and agreements.
This article is the second part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on the amendments to the building and construction industry and addresses the considerations for employers in this industry.
This article is the first part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on what the changes mean for employers.
It is critical for all parties to a sale of business transaction to understand their legal rights and obligations in relation to existing employees of the business and the financial cost of termination and/or transferring of employment.
Redundancy occurs when an employer no longer requires an employee’s job to be performed by anyone because of changes in the operational requirements of the business and consultation with the employee has occurred.
Based on my experiences dealing with employee related claims and disputes, find out my top 3 tips for employers wishing to avoid legal problems relating to their employees.
Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so.
Your Initial Consultation is an important opportunity for you to ask questions, get on-the-spot answers and experience what it will be like to work with us if you need further assistance. Your Solicitor will help you to understand the laws and legal issues relevant to your situation, applicable legal processes, your prospects of success in relation to a dispute and the course of action you should take.
You may not always get the advice you want to hear, but you’ll always get the advice you need to hear.
You may attend your appointment by phone, videoconference or in person at our offices.
If you need further legal help following your Initial Consultation, you may engage us to advise and represent you generally in relation to your matter or request a second appointment and provide copies of any relevant documentation you would like us to review beforehand.
Pursuant to our Retainer:
Under this model, if a Tax Invoice is not paid within seven (7) days we may:
Money held in respect of a Retainer is Trust Money. Trust Money and Trust Accounts are regulated by the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform General Rules 2015 (“the Legal Profession Uniform Laws”).
“Retainer” Money is term used by our firm to help clients more easily understand the nature and purpose for which we require payment of money to our Trust Account in most instances. That is, to serve as a retainer that ensures payment of our fees and disbursements for the ongoing provision of professional legal services.
The Retainer Amount is generally based on the estimated costs and disbursements of work to be undertaken in any calendar month. We may vary the Retainer Amount from time to time having regard to the estimated costs and disbursements of upcoming work.
In addition to the Retainer Amount, we may request that you pay other amounts to our Trust Account on account of costs and disbursements from time to time, for example, Barrister’s fees, Expert Witness fees, Mediation fees, Court filing fees etc.
The initial Retainer Amount is payable upon you entering into a Legal Services Agreement with us. If we increase the Retainer Amount or ask for other money to be paid to our Trust Account, you are required to pay the amount requested within seven (7) days.
We may suspend work in relation to your matter and/or terminate our Legal Services Agreement if:
A Trust Account is a bank account in which we hold Trust Money on your behalf. Most law firms use a Trust Account to manage the payment of legal costs, and to receive and hold Trust Money on behalf of clients.
Our Trust Account is an account with ANZ Bank. We must deposit Trust Money we receive to this account and give you a receipt for your deposit as soon as practicable. The amount that you have paid into our Trust Account is then recorded against your name and your file number. We are required to give you a Trust Account Statement at certain intervals and on your request.
The Legal Profession Uniform Laws governs when we can withdraw your money from our Trust Account. Generally, we can only withdraw the money:
You will be notified of any withdrawals that we make from your Trust Account and they must be clearly recorded against your file. Our Trust Account (and all general trust accounts) are not interest-bearing accounts and large sums should therefore not be left deposited for extended periods.
Your money remains on deposit in our Trust Account. The relevant Rules prevent us from holding money in our Trust Account over an extended period. Therefore, we will refund any amount held in excess of the Retainer Amount to you on your request and the balance at the end of your matter.
The NSW Law Society’s Trust Account Department has the responsibility for examining records maintained by law practices to ensure they properly account for the Trust Money received and which is held on behalf of another person. This firm has been randomly audited on a number of occasions by the Trust Account Department of the Law Society and has an exemplary history of Trust Account compliance.
Each year, an independent auditor is appointed to inspect our Trust accounting records. We must present our Trust ledgers for the applicable period and provide documentary evidence of any transactions that the auditor selects for investigation.
Regardless of the amount of time funds have been held in our Trust Account, and provided that reasonable efforts have been made to locate the owner of Trust Money, unclaimed Trust Money may be surrendered to Revenue NSW in accordance with the Legal Profession Uniform Law Application Act 2014. Should the owner then require the return of the funds, they will need to lodge a request directly with Revenue NSW.
