Authored by Athena Nagel
When the working population faces difficulties in their organisation, they often look towards employment lawyers for help. Regardless of the job field, every organisation or company has to follow employment laws.
When an employer hires an individual, a collection of rules and laws apply. These regulate the relationship between the two parties. Employment laws establish the minimum requirements for working conditions for workers.
Australia is one of the countries that has a very well-developed employment system. Both the employers and the employees experience a certain amount of flexibility and certainty.
The Fair Work Ombudsman (FWO) and The Fair Work Commission (FWC) are the two well-known employment organisations in Australia that provide national standards for all Australian employees, along with health regulations and superannuation payments.
Types of Employment laws
Employment laws usually come from both federal and state levels. There are several types of employment laws.
- Civil rights law – These laws restrict discrimination based on colour, race, religion, sex, nationality, age, and disabilities.
- Family and medical leave laws – These laws allow workers to take leave from work to take care of sick family members, newborn babies, or personal medical conditions. The employee can take up to 12 weeks of unpaid leave within 12 months.
- Workers compensation law – This law comes into action when an employee develops health-related issues or injuries due to workplace conditions.
- Labour relations law – This law prevents employee discrimination due to participation in union activities.
- Workplace safety laws – This law makes sure that the workplace is safe and healthy for the workers.
- Child labour laws – This provides guidelines for underage ( Under the age of 18) employees.
- Immigrant employee laws – This law makes sure that the immigrants hired are authorised to work in the country. It prevents the employment of illegal immigrants.
The role of an Employment Lawyer
Employment lawyers play a crucial role in assisting workers and employees when workplace issues arise. They also help the employees in understanding his/her rights and make sure that all workers are treated equitably.
When to hire a lawyer
An employee can hire an employment lawyer when he/she faces the following issues:
- Unsuccessful or unexpected ending – Unfair or unjustified firing an employee
- Work discrimination – Being discriminated by colleagues or the employer
- Molestation or harassment – Sexually harassing and displaying inappropriate behaviour towards an employee
- Legal breaches – Violation or agreement of a contract by the employer
- Whistleblower prevention – Protection from illegal acts, corruption, and wrongdoings encouraged by the hiring party.
Tips for hiring a lawyer
It is significant to choose an honourable employment lawyer. The approach of the lawyer can have a considerable effect on the consequence of the case.
- Carry out adequate research and find lawyers that practice under this specific field of law and have years of experience in the area.
- Never settle on a lawyer without consultation. Discuss the details of the case face to face and judge whether or not the lawyer is the suitable choice for your suit.
- Always talk about strategy. Talking Strategy will give you an idea of the lawyer’s take on your situation and his approach towards the entire case.
- Do not hesitate to ask questions. Once the search for a lawyer is settled, make sure to clear all the doubts. This can secure the case and most likely lead to a positive outcome.