Most Victorian workers are covered by Modern Awards or Enterprise Agreements. We assist you to find out what you should be paid in wages and other entitlements and claiming back pay if you are entitled. Generally, workers have up until six years from their period of employment to claim any back pay. If you are a small business, our expertise will guide you towards managing your legal obligations towards your workforce. We also prepare sound employment agreements to manage your risk or exposure to any underpayment claim in your business.
We provide advice and representation at your Conciliation conference and Arbitration hearing at the Fair Work Commission. If your employment is terminated, or you are facing termination of your employment, make sure you contact us for a considered case assessment. Strict time limits apply to Unfair Dismissal applications and it’s important you obtain prompt and considered legal advice as soon as possible. If you are facing an unfair dismissal claim as a small business, we will promptly advise you on your options, rights and obligations.
General Protection Rights
You have rights which the law protects in the workplace including “Workplace Rights” which apply to your engagement whether as an employee or as an independent contractor.The Fair Work Act (Cth) 2009 also protects “attributes” such as age, disability (or injury); carer status or gender.
If an employer terminates your services or has taken Adverse Action because you have exercised or propose to exercise a Workplace right, or because you have an attribute, you may be able to file a General Protection claim. Like Unfair Dismissals, strict time limits apply.
If as an employer, you are facing a General Protections claim, we will assist you to defend the claim and provide you with commercially sound advice and strategic options.
Our expert team will guide you through the legal process in order for you to obtain the best possible outcome.
Termination of Contract
As an Executive employee, a Manager or independent contractor, we will stand up against corporations to obtain the best possible result for you and if appropriate, negotiate terms of your ongoing employment or separation from your employment.
Know your rights if you are made redundant including the benefits to which you are entitled. If you believe you should not have been made redundant or the employer has not consulted you before their decision, or you do not agree with the process, you may have rights to pursue an Unfair Dismissal or General Protection claim. As an employer, we will guide you through the employment laws relating to redundancy and assist you manage any restructure process.
Long Service Leave, Annual Leave, Parental Leave and Absences
As an employee, the National Employment Standards provides minimum entitlements to Annual leave and other leave such as paid parental leave. The Long Service Leave Act (Vic) confers long service leave entitlements on most Victorian workers. Some casuals are also entitled to Long Service Leave. We can take up your claim to your employer if you believe you have not been paid any entitlements or allowances.
Workers facing performance/conduct investigations
Know your rights if your employer raises allegations of conduct or performance against you. We will assist you during any workplace investigation when you are faced with performance or conduct allegations, by providing ongoing advice, support or representation.
Health Professionals and Australian heath Practitioner Regulation Agency
Nurses, Doctors, Dentists, Psychologists, Podiatrists and other health professionals may face a complaint from their regulatory body, APHRA.We are experienced in representing health practitioners before AHPRA and challenged Regulatory Boards’ decisions at VCAT and in the Supreme Court to ensure the rights of Health Professionals are not compromised and the impact on their career is not damaging.
A range of Federal and state government anti-discrimination laws exist aimed at reducing instances of discrimination in the workplace on the basis of:
- Physical features
- Personal association with a person who is identified by reference to any of the attributes (or other protected attributes).
We assist you through your choice of action and the legal process from making a complaint to your employer to commencing legal proceedings. If as an employer, you are facing a discrimination claim, it is important to contact us early so that we can assist you to defend if necessary, the complaint or help you resolve the complaint.
Bullying is generally defined as conduct occurring while a worker is at work which involves repeated unreasonable behaviour towards another worker that creates a risk to their health and safety. You may have rights to apply for a stop bullying order or alternatively other rights including lodging a work cover claim.
Industrial Advocacy, bargaining and Dispute resolution
We have represented unions and workers in Industrial law matters including agreement bargaining and disputes. If you have a workplace dispute, contact us to obtain advice and representation.
If you require independent representation in a Coroner’s inquest or hearing, whether as a health or other professional, our team will ensure your rights are protected and are not compromised in any way by either your employer or third parties involved in the proceeding.
Workplace investigations and training
Workplace investigations may seem difficult or costly to undertake when you have an issue in the workplace.At Stal, we will:
- Undertake workplace investigations regarding bullying, discrimination, harassment or misconduct in the workplace;
- Prepare a detailed and objective report regarding workplace issues or allegations;
- Provide advice and representation to small business employers and non-for profit organisations including preparing of policies and employment contracts;
- Conduct staff seminars on discrimination and workplace bullying.