Employment law can be described as the stipulated laws that govern both employer and employee in order to protect both parties against malpractices. An employer is for example mandated by this law not to discriminate or undervalue his or her employee(s) while on the other hand can be protected if his or her act of employee dismissal is justified. Over time this law has transformed into a major area under various jurisdictions around the world including Australia where the number of Employment Lawyers Brisbane is producing is on the increase.
The biggest challenge for most people including those in Brisbane is how to deal with the complexities of the employment law. With this challenge vulnerable parties like employees end up getting unfair treatment in the work place and tend to suffer in silence. However, with the increase in the number of Brisbane Employment lawyers, legal charges have improved and monopoly has leveled allowing many employees to afford legal representation.
Breaking down law jargon
Even with the sea of knowledge and advice that lawyers give to clients who have sought their counsel, it is important that they understand the ‘language’ of law for better communication. An employee or employer seeking counsel from any Employment Lawyers Brisbane has, is in a far better position to communicate and get the correct advice if he or she knows the technical terms of employment malpractices even if only by definition.
Here are some brief explanations of employment matters mostly experienced:
Contract of employment: As the name suggests a contract is between two parties and in this case, employer and employee have either a verbal or written agreement that is recognized by law. However the content of the contract can be disregarded by law if it infringes on the employment laws of the country.
Redundancy: It is mostly experienced by workers who have worked for more than two years and are seeking employment opportunities elsewhere if they feel their position is redundant. By law they have a right to do this and should not be unfairly dismissed. Employees who get unfairly dismissed have the right to either compensation or reinstatement.
Work related discrimination: It could be discrimination because of age, religion, race, gender and other factors that deprive the victim of compassion and sensitivity in the work place. Employees who experience discrimination are advised to seek a complaint with the Anti- Discrimination Commission. If the complaint has merit then legal representation before an Anti-discrimination Tribunal is ideal.
Restraints of trade: Employers also have their rights – one of them being a right to protect the interests of their business. Restraints of trade are clauses in employment agreements where employers compel by law former employers from disclosing confidential information about the business once they have left. It can also restrain former employees from working for a competitor for a given period of time after leaving. Although courts have to vet whether the restraint is reasonable, it can be detrimental to an employee’s future employment.
Employers are also advised to make certain in the contract:
• What they expect in accordance to performance requirements so as to avoid any potential challenge.
• How intellectual properties will be owned if the employee(s) is dealing with intellectual property creation. The employer must also explain in writing or verbally how the employee’s intellectual will be used if it can be accessed.
• What the employee is entitled to in terms of awards, training or enterprise agreement.
To get the quality Employment Lawyers Brisbane has requires knowledge of how to differentiate between the rogue and the genuine lawyers Brisbane offers.
• Make sure he or she is a specialist in the field of employment law. With the transformation of employment law into its own category, a lawyer who deals with other law cases will only dilute the gravity of your case.
• The lawyer should at least have 10 years of work experience. However this depends on monetary factors as veteran lawyers tend to be slightly more expensive.
• The Best Employment Lawyers should have experience in representing clients in Employment Tribunals with cases that have lasted at least more than two days.
• Rogue lawyers tend to bill low figures for case settlements. This is a sign that they are not committed to work at the more complex issues of the case.
• Dishonest lawyers also try to convince clients not to settle a case if opponents are issuing fair cash settlement. In truth, they just want to earn more money as the case continues.