Whether it is purchasing a property, drafting a will, getting separated from your spouse or starting a new business in Australia, a lawyer is needed to help you guide through the process, advise you on the various aspects and of course, provide legal services. There are different types of lawyers who practice in various areas of law. For drafting a will, you will need a lawyer who focuses on wills and estates. There are family lawyers for resolving issues involving marriage, children or divorce. Likewise, there is a commercial lawyer who can help you with starting a new business as well as offer advice whenever needed. However, when it comes to issues in the workplace, employment lawyers are your best resource.

Employment lawyers have the experience and expertise in handling issues related to workplace and can help you come up with the best solution for your situation. While some employment lawyers just focus on helping employers or the employees. However, I personally feel that employment lawyers should work with both sides that are employer as well as employee to have a better understanding of their needs and come up with the best solutions for a particular situation.

Here I have outlined some situations for employers and employees when they would need to hire employment lawyers.

For Employers

  • Write your Employee Handbook

Yes, I know that you can write it yourself with policies and rules that are unique to your business, but you need to get it reviewed by a lawyer. This is essential because your handbook can unintentionally create contracts with your employees or have certain policies that violate the law. You need to work with the employment lawyer to go through your handbook to ensure that everything is good and also you need to get it reviewed on regular basis. This is especially important when your employee count increases where certain policies need to be added such as the disability act or family medical leave act. So, you would need an employment lawyer to help you understand the implications of the laws and when to introduce a policy.

  • Illegal Harassment Complains

Sometimes the harassment complaints are easy to handle in situations like a derogatory and sexual remark by another employee, where the employee is directly fired. However, most of the times, harassment complaints are not so straightforward. There is a lot of he said or she said and sometimes a joke is just a joke and sometimes it’s an evidence of ongoing discrimination. In these situations, you as an employer need to conduct investigations with due diligence and double check with your lawyer to make sure you are in compliance with the law and the process of conducting the investigation is correct. There is much legality pertaining with harassment investigations, so ensure your policies and procedures are in place and when in doubt consult employment lawyers in Melbourne.

  • Government Agency Shows up at Your Office

When you find a representative from the Department of Labour shows up at your office asking for your records, you should ask them to take a seat. Then immediately call up the employment lawyer and do exactly as they say. Don’t ever think that I have nothing to hide, you may not, but that does not mean that you have to let the Government representative go through your personnel files. If the situation goes out of hand call employment lawyers to your office and let them handle the situation for you as they are well versed with all the legal matters and Government rules.

  • Need to Fire an Employee

The decision to fire an employee is a difficult one that requires an understanding of a wide range of legislative and other obligations of an employer. This decision is also a important one in terms of the effect on the employee and the business. You need to abide by Fair Work Legislation Act where you can’t fire an employee on the spot, you need to give them a warning and a clear outline of the reasons for why they are being let go. This act applies to a large number of Australian employees and generally gives these employees the protection from having their employment terminated. When you need to fire an employee, you should consult with your employment lawyer and then make a decision.

For Employees

  • Dealing with Workplace Issue

Conflicts in the workplace are a difficult situation to handle, but that doesn’t mean that you have to resign from your job. You should hire an employment lawyer to help assess with the situation as they have likely seen similar situations before and can offer the simplest possible solution that will not force an end to your employment relationship.

  • Severance Package Review

When an employee is dismissed from his/her services, the employer needs to provide severance or termination package. Without the guarantee of a new position in the near future, it is important that your severance or termination package is the best it can be. Hire an employment lawyer from the reputable employment law firms in Melbourne like P&B Lawyers firm to get your package reviewed to determine whether it is fair or not.

  • Harassment and Discrimination

These both harassment and discrimination in the workplace are an unfortunate reality. While there are multiple laws preventing such treatment but the truth is that both still happen. This kind of treatment is never OK and whenever you face such kind of issues immediately report to your Human Resource department to work out a solution and even if still, it happens, then employment lawyer near you is your best resource.

The above mentioned are just a few situations where you need to hire an employment lawyer and if you are an employer facing certain issues in your business like finance and banking or disputes, employment lawyers can’t help you need to hire a commercial lawyer.

Published by Tranding Stories