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Most people work as employees on a salary; and there are a great number of issues and considerations that you may need to have regard to. This includes understanding your employment contract, understanding your rights and liabilities under statute and contract, issues such as termination, redundancy, disputes and disagreements in the workplace and potential breaches by employers such as unfair dismissal, workplace bullying and harassment.  Obtaining detailed legal advice from an Employment Lawyer may provide you with the tools and knowledge to protect your rights and civil liberties.

Employment is a contractual relationship between the employee and employer. A number of factors affect contracts of employment, such as industrial relations laws, awards and industrial agreements (collective or individual).  Being well informed of your rights and liabilities may be hugely beneficial to ensure a harmonious employment relationship exists and you are adequately protected should your rights become infringed upon.

The simplest (but not comprehensive) definition of an employee is a person who performs work under the “control” (that is, the manner in which the work is performed) of another person called the employer (or the employer’s representative) in exchange for payment from the employer.  An employment relationship exists where the working relationship is structured and on-going with all the following factors being initially and consistently accepted:  payment in the nature of wages, employer control over the employee’s work within a prescribed time; and the right to dismiss or resign.

Employees fall into two main types: permanent and casual. Within these two categories there are many variables. Permanent employees are guaranteed full-time work or part-time work each week, month or year. Under the Fair Work Act, this entitles you to benefits such as leave, notice periods and superannuation. A casual employee is an employee who works fewer hours than the normal full-time working week, arranged in a non-regular pattern to which there are no permanent conditions of employment attached. Casual employment is generally a random arrangement used for short-term or one-off purposes to afford employers some flexibility in relation to staffing levels. Employment relationships are governed by statutes, awards and agreements. The Fair Work Act 2009 prescribes certain conditions and entitlements such as leave, base rate of pay and employment standards. Consultation with an experienced Employment Lawyer may allow you to obtain preliminary advice on your contract of employment and your rights and remedies.

Various problems and disputes can arise in any workplace which can be more easily dealt with if there is thorough understanding of the rights and obligations of each party.  Workplace harassment and bullying is a serious issue that requires proper and immediate action. Termination and redundancy is another issue in which sound legal advice may be greatly beneficial to ensure that your rights and entitlements are protected. Proper legal advice from an experienced Employment Solicitor may have regard to all your issues and provide you with various potential options and avenues for redress should your rights be contravened.

If you need further legal advice on your matter, you may book an appointment with us by calling 02 9233 4048 or by sending an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Tax or Accounting Advice. It does not take into account your objectives, financial situation or needs or your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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