Prevention is always better than cure, and one of the most crucial things for any business is to have compliant, up to date employment contracts and workplace policies that everybody understands. While you can’t always prevent employment related disputes and claims, understanding your legal obligations is the best way to ensure that you are meeting them. We can conduct a comprehensive review of your employment documents and systems, identify any gaps and risks, and provide you with a program to address these.
Claims and Representation
Litigation is not always the best option. We can provide advice as to the best way to manage potential conflict in the workplace, and if necessary represent you to achieve an efficient resolution where possible. We act in a variety of employment law claims including unfair dismissal, adverse action, bullying, sexual harassment, breach of contract and misleading and deceptive conduct. Sinclair + May can represent you at conciliation or mediation, and manage court proceedings.
Termination and Redundancy
When it comes to terminating employment, it’s critical to understand your options and obligations before taking any action. The situation and procedure can be different for each person, depending on their contract, Award, and reason for termination. Whether for performance, behaviour related issues, or as a result of redundancy, we can assist you to manage your obligations in a respectful, commercial and sensitive manner.
Consulting and Support
Sometimes you don’t want a lawyer involved, and what you really need is guidance. We can guide you through HR Processes including performance management and disciplinary processes, grievances, requests for flexible work arrangements, workplace investigations and discrimination complaints. We can coach you through the process and provide assistance in drafting correspondence, and preparing you for challenging conversations.
The process of enterprise bargaining can be extensive. We can help you through the negotiation process, drafting enterprise agreements and formalising agreements. We can help you to understand the process for dealing with employees, the approval process and addressing the legislative requirements under the Fair Work Act 2009 (Cth). Sinclair + May can also advise on issues concerning compliance with the Better Off Overall Test and dealing with the Fair Work Commission.