Workplace Relations and Employment Law

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Workplace and Employment Lawyers Cairns

In today’s highly regulated workplace, all parties must understand their rights and obligations. We provide comprehensive and timely legal advice to both employers and employees. Our Cairns-based team can assist in all areas of employment and workplace relations law.

Our clients work in many industries. These include transport, government, leisure, construction, mining, energy, resources, manufacturing, retail, tourism, hospitality, health, and not-for-profit sectors. Regardless of your industry, you can depend on us for expert legal advice, guidance, and representation.

Talk to an expert workplace lawyer in Cairns today.

Our services

Our employment and workplace services include:

  • enterprise agreements
  • employment contracts and agreements
  • workplace policies and procedures
  • unfair dismissal, including advice on the Industrial Relations Act 2016, the Fair Work Act 2009, and the Small Business Fair Dismissal Code
  • general protection disputes, including making and defending adverse action claims
  • redundancy and termination
  • anti-discrimination
  • bullying and sexual harassment
  • wages and conditions claims
  • restraint of trade and non-competition agreements
  • workplace investigations
  • mediation and alternative dispute resolution
  • court representation, and representation at tribunals, including the Queensland Industrial Relations Commission and the Fair Work Commission
  • design and implementation of compliance strategies
  • performance management process
  • work health and safety and workers’ compensation

Results for clients

  • Successfully defended a $100,000.00 underpaid wages claim.
  • Reduced damages in a Workplace Health and Safety Queensland prosecution against our client. Our client admitted full liability, and we succeeded in reducing damages by more than half.
  • Assisted clients in achieving compliance after receiving an improvement notice under the Work Health and Safety Act.
  • Successfully had a WorkCover decision to accept a claim overturned, on behalf of the employer.
  • Undertook an investigation, instigated by the employer, into allegations of child abuse by an employee.
  • Acting for and appearing on behalf of local governments in the Queensland Industrial Relations Commission. This included applications for reinstatement, conciliation conferences, and industrial disputes.
  • Completing workplace investigations into complaints of bullying or sexual harassment
  • Providing advice and drafting documentation relating to disciplinary action against local government employees.
  • Reviewing and preparing policies and procedures to ensure compliance with relevant legislative requirements.
  • Successfully defended an application for reinstatement on behalf of the employer.

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Frequently Asked Questions

Where can I view my rights as an employee?

Please visit the Fair Work Ombudsman website for an overview of your workplace rights and obligations. The National Employment Standards (NES) consist of 11 minimum entitlements that cover all employees in the national workplace system. These minimum entitlements cover aspects such as maximum weekly hours, leave, termination notices and flexible working arrangements.

What should I do if my rights have been infringed?

You should seek legal advice if you believe your employer has breached your employment rights. Preston Law is a law firm that specialises in employment law issues. To speak to one of our expert lawyers, contact us.

What is unfair dismissal?

An employer unfairly dismisses an employee when they terminate their contract without cause or reason. This may also apply when redundancy was not genuine in nature.
To discuss your rights and entitlements, contact our North Queensland based team.

What is redundancy?

Redundancy occurs when an employer no longer requires your position to be filled. This can result from restructuring, business environment changes or technological advances.

Employers must provide employees with a one-time payment based on their length of service when they terminate their employment.

What laws must I comply with when hiring new employees?

Employers must understand their responsibilities under the Fair Work Act 2009 before hiring a new employee.

There are also National Employment Standards (NES) that apply to all employees in the national system. These include:

  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Requests to change from casual to permanent employment
  • Parental leave and related entitlements
  • Annual leave
  • Personal/carers leave and compassionate leave
  • Family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Superannuation
  • Notice of termination and redundancy pay

What is workplace bullying?

Workplace bullying is when someone repeatedly targets and mistreats an individual or a group of employees. If a manager or colleague bullies an employee at work because of their race, religion, gender, or sexual orientation, it is a form of discrimination.

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