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Posts Tagged ‘employment law’

Top 5 Employment Legal Advice Tips

May 11th, 2012

Queensland business owners have never before been faced with such complexity and confusion. Employment law is comprised of federal legislation, state statutes and a raft of other legalities such as workplace health & safety laws, common law and contracts. None of these areas is simple to understand and each must be read in light of the others – no wonder it’s confusing! Employers in Queensland ought to find this list of key labour law considerations useful.

1. Essential Employment Contract Information

A Contract can protect your interests by going further than the legislation. An employment contract establishes a workable relationship between an employer and employee so that each party is aware of the obligations of each other. Hopefully, this can help overcome any disagreements before seeking legal advice and remind an employee of the terms and conditions of the contract.

The golden rule with respect to employment contracts is that the more you can include the better. Firstly it will reduce the likelihood of a disagreement arising in the first place and secondly, if an employee becomes difficult to handle, a properly drafted contract can be your lawyer’s best friend in defending your interests. Policies and procedures, promises and expectations should be referred to and explained in the contract to remove doubt but also to provide legal recourse if they are not followed in the future.

2. Do you know the Legislation?

If you are an employer it is important to know the legislation that applies in Queensland namely the Industrial Relations Act and Work, Health & Safety Act and the federal Fair Work Act.

Every employer should be aware of the important issues like redundancy entitlements, unfair dismissal and termination requirements contained in the Fair Work Act and Industrial Relations Act. All statutes should be made known as well as any common law principles that an employee/employer relationship may still be governed by.

The importance of an employer knowing the legislation is crucial in reducing the risk of any court or tribunal action being made. If you are unaware of any of the legislation it is important that you make it known or use an employment law specialist to consult you, your business and your workplace regarding any legislation that may be relevant.

3. Know your Awards

Awards cover many industries. Aspects of employee rights covered by awards typically include entitlements to personal leave, notice required for termination by an employer, travel allowances and the time allowed for lunch breaks (along with many other details which vary from industry to industry). Failing to know the details of a relevant award and denying an employee his or her rights under the award can open an employer up to action in Fair Work Australia which may result in a compensation order or another kind of remedy being ordered. When there are correct preparations in place, there will be less problems arising and extra legal fees can be avoided.

There is a useful tool located at the Fair Work Australia website that allows you to search for awards relevant to particular industries and we encourage all employers who are not sure of the award situation vis a vis their industry to use this free tool without delay.

4. Create Policies & Procedures

Workplace policies and procedures can (and should) cover key aspects of the employee / employer relationship. For example, do you have a procedure that outlines what an employee must do if he or she takes a day of personal leave? Should the employee provide a medical certificate or is a phone call or e-mail enough? Does your business have a bullying / harassment procedure in place? What about a policy to allow for the communication of grievances by employees to employers, by employees to other employees and by employers to employees?

Policies and procedures should contain all aspects of an employee/employer relationship. For example, does your business have a procedure for an employee wanting to take annual leave? Do they require special permission from a partner or office manager or can they simply notify someone of their absence? Does your business have a procedure to follow should an employee wish to make a bullying or harassment complaint?

5. Termination Procedures

Termination is the most debatable aspect of employment law. Policies and procedures relating to termination of an employee are critical because when people are laid off, fired, made redundant or for whatever reason, emotions flare and fights can begin.

Employers with less than 15 employees are encouraged to refer to the Small Business Fair Dismissal Code to make sure that they comply with the regulations regarding dismissal. Failure to comply with the law can have serious consequences for a business and it is better to play by the rules from the start. It can reduce the risk of conflict when all employees are aware of the company’s policies and procedures.

The above tips are only brief and do not provide a complete summary of employment law in Queensland. As each business is different we encourage employers to seek legal advice in relation to employment law to try and prevent any workplace issues arising. Legal defence in court or Fair Work Australia will be more expensive than seeking legal advice regarding policies and suitable employment contracts.

Solicitor

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Why Employees Take Employers To A Tribunal

January 20th, 2012

If an employee has felt their employer has shown a complete disregard for their employment rights and has failed to resolve the matter during the employer’s grievance or disciplinary process, then the next form of action is an employment law tribunal.

An Employment Tribunal will only decide on cases where there has been a complete disregard for employment law. Employees can make an employment tribunal claim over a wide variety of issues which can include:

* Breach of contract.
* Redundancy pay, equal pay or unauthorised deductions of wages.
* Unfair dismissal.
* Discrimination in the case of race, sex, religious belief, sexual orientation, age or disability.
* Working hours.

Ways in which both parties can prevent an employment tribunal:
Employment tribunals should be regarded as one of the last resorts and should only be considered if talks between the employee and the company have broken down or if there is no outcome after the employers disciplinary or grievance process.

The employer
As an employer, you should be well aware of the key areas of employment law as well as keeping up to date with any planned changes in legalisation. This may seem time-consuming but it’s necessary, not to mention far cheaper then potentially ending up in front of a tribunal.

Employer
An employer should first and foremost never disregard employments rights and should make themselves well aware of the key areas of employment law as well as looking out for any planned changes in legalisation. Although this can seem like a time consuming process, the benefit can be far cheaper then potentially being in front of a tribunal.

Employment tribunal representation
While you don’t need a substantial amount of law knowledge to make a claim, many have found it useful to gain legal advice from an employment law solicitor who can represent your case on your behalf. Their specialist knowledge in employment law, as well as a range of methods and processes will give you a better chance of winning your claim.

Solicitor

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Divorce Case Assistance: Family Law Lawyer

January 2nd, 2012

Divorce is never simple. normally, the former lovers end up emotionally hurt. One or both can also wind up financially exhausted. Not to mention, if there are children involved, things could get even more complicated. If you see yourself in a similar dilemma, you could make it a little tolerable and save yourself the suffering by hiring a lawyer specializing in family law.

Even if you and your soon-to-be ex-spouse are splitting amicably, the law still requires you to reconcile all your properties and arrange a new setup for your kids. That would mean you need to allot time to fix documents, meet with the other party, organize for your children’s wellbeing, etc. Divorce would likewise force you to prove your character and reveal your financial capability. So if you don’t possess the time, determination, and patience for all these things, you wouldn’t find the result favorable to you.

A lawyer can become a huge help in your case. While not all divorce cases are hostile, each one can take time and a whole lot of energy. Divorce lawyers would deal with all the paperwork linked to the case for you. They talk to the other party or your former spouse’s legal counsel on your behalf to reach an deal. And while you can talk to them yourself, you might end up with an unfair deal without a specialist by your side.

You might not get all you want at the end of the case, but the essential thing is you wouldn’t end up the loser and your interests are fairly protected. Your lawyer can do that. He or she can see all angles clearly and argue with the other party logically since he or she isn’t emotionally involved in the case.

And furthermore, regardless of how gracious you and your ex-spouse are with each other, there are still times when things could become emotional and too much for you. Having somebody knowledgeable about the law and can think intelligently would save you from more distress. Your attorney can also help you prove your character in the eyes of the legal system, which is crucial if you want to gain full or equal custody of your children.

All that said, you still have an option whether you want to hire a lawyer or act as your own counsel. Not all divorce cases go to court, some conclude after a few meetings with the other party. If that is the case, you could do without hiring one. But can you honestly say that you are accomplished of arguing for yourself based on the law? Divorce is not just personal, it is also a legal matter. So rather than try to save a few bucks, you might end up losing more. After all, you don’t wish to put your and your kids’ future on the line just because you wish to save some cash.

Lawyer

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Is Debt Consolidation The Best Option?

January 1st, 2012

Many people have been going bankrupt because of the bad state of our economy. There are many choices so people can fix their financial problems, such as filing for bankruptcy, getting a loan to pay off previous debts, and consolidating their debt. Among these choices, consolidating debt seems to be the most popular and reasonable of all.

Debt Consolidation: What It Is

A very common misconception of debt consolidation is that people think it is the loan. However, the process of debt consolidation actually means merging all your existing unpaid loans into one easy-to-pay debt. This will adjust and resize the amounts you owe creditors, allowing you to pay them back under new, easy terms and conditions. In this way, paying off your debts will be less of a burden for you, and they still get paid whatever you owe.

What Are The Benefits Of Debt Consolidation?

Many people opt for debt consolidation because it is easy to understand and easier on their already damaged budgets. The lower interest rates allow people to more easily pay off their debts and still have enough left to support themselves and their families.

Because all your debts and loans are merged into one, you don’t have to worry thinking about multiple sources of bills, debt collector calls, and several dates. It is also a popular method of paying off credit card debt. People who have chosen debt consolidation appreciate that there is only one debt to pay, at a generally lower rate that they can easily pay off.

The reduced penalty and past interest is also another reason why many people opt for debt consolidation to solve their money woes.

Consolidating Your Debts

“How do I do all this?” you may ask yourself. Some people say thay can consolidate their debts on their own, but the fact of the matter is you will most likely need professional debt consolidators to do it for you.

A lawyer or firm is usually the best approach in solving a financial crisis, but doing a bit of online research won’t do harm either. Just make sure to get service only from people and firms that you trust, and perform a simple background check first on potential helpers to ensure that you are not being scammed.

Lawyer

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The Significance Of Power Of Attorney

December 31st, 2011

We all live in an exceedingly complex society, a society that has its own set of regulations to preserve peace and keep an unwavering balance among all its equally important elements. These rules are what we call as the law, the collection of general guidelines that are observed all throughout a territory. Laws may vary from one country or state to another, but they are all fundamentally similar in the sense that they aim to defend the rights of the individuals and at the same time, regulate social behaviors to preserve order.

And since we are all under the guidance of the law, it would just be proper to have a bit of familiarity on some legal matters and terms so as not to be totally in the dark about the technical particulars of these rules and regulations.

For now, let us simply do a brief review of what is generally known as the power of attorney, a legal term that signifies a written certificate of authorization that basically gives a person the right to make decisions or take action in behalf of another person. Some of the circumstances where this legal authorization is oftentimes involved are, critical business decisions, health care related situations, matters of legal implication, and other private issues. A power of attorney may be classified according to the coverage of the authorization and the degree of power being authorized, some of these classifications are, Durable POA, Springing POA, and Health related POA.

The authorizing agent of the POA could be anyone who has the necessary and appropriate mental capacity to be able to execute a highly critical and significant decision such as this. The authorizing agent can be addressed as the grantor, donor of power, or principal, whereas the one given the authority is the donee, agent, or the attorney her or himself.

When engaged in a legal situation, seek out an experienced law firm with an upright reputation to ensure that you will be provided with unbiased and expert legal guidance to come up with the most viable choices for your situation.

The Basics Of Power Of Attorney

What You Should Know About Power Of Attorney

The Law Low Down; Power Of Attorney

Laying Down The Law On Power Of Attorney

Learning About Power Of Attorney

The Law Is Necessary For Order

A Quick Peek At Power Of Attorney

Power Of Attorney, Simplified

Power Of Attorney, Basics

Power Of Attorney,What You Should Know

Categories: Law, legal, Society

Lawyer

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Why Must You Care About The Services Of A Law Firm?

December 28th, 2011

As you seek to discover the best law firm whose services you will avail of, don’t just think of the now but consider establishing a long-term connection too. Understand that your need for a legal assistance would not only come once in the whole course of your business venture. You will need to employ a lawyer to make sure that the legal issues concerning your company is properly taken care of. A lawyer’s assistance can save you from the troubles you may not expect to happen.

So why would you need a lawyer now and not wait for the moment when your business is earning considerably more? Well because essentially, your venture involves legal matters from the basic to the complex. With proper legal guidance as well as assistance, you’ll not cope with unwelcome surprises like legal battles with any person who happens to have a connection with your thriving venture. You’ll relieve yourself from stresses that may assume the form of equity splits, hassles brought about by the absence of important records, issues over oral agreements, and worries regarding the lack of appropriate provisions stated on the company site among others.

By now, it is hopefully clear that you need a legal practitioner’s services to keep things in place as well as to make sure that your every move is in due accordance with the law. You need a legal practitioner to correctly manage your business transactions and to settle the legal disputes you are involved in. It’s beneficial for you to employ a lawyer from a law firm because that would mean that he or she has considerably more resources to access whenever necessary. In this case, your lawyer will not see himself or herself handling concerns outside his or her level of expertise.

Now that you agree that the legal assistance isn’t an unnecessary expense, it is an appropriate time to stress that you should never select a legal practitioner out of convenience. Think again if you ever want to save money by hiring a lawyer who happens to be a pal, relative or colleague. Take the prospective lawyer’s expertise into careful consideration. In other words, you will not set an appointment with your optometrist if you need a physician’s advice for your heart ailment.

You can noticeably see that a legal practitioner’s experience is especially critical. Take into account how long the person has been doing business with firms whose business is similar to yours. Know the outcomes of the relevant cases he or she has handled. Seek the advice of his or her previous clients. In fact, what’s a better recommendation than that from a satisfied client?

The Law Firm Quest: Establish A Lawyer-Client Relationship While Your Business Is Young

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Spend For A Good Lawyer From A Reputable Law Firm

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Knock At The Law Firm’s Door

The Law Firm And Your Business

The Law Firm, The Lawyer, And Your Business

The Law Firm And The Legal Side Of Your Business

Categories: Law, Legal, Business

Lawyer

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Obtaining Divorce With A Lawyer’s Aid

December 7th, 2011

After years of living with the person you believed was your soul mate, you then realize that he has become a stranger. It didn’t happen suddenly, for sure. You have spent the latter half of your life waking up next to somebody who has probably gone through the same transition as you. But as days go by, you find yourself disconnected from the person you vowed to cherish for the rest of your life.

Yes, you uttered the phrase till death do us part, but you never imagined living with your partner would kill your spirit. You have grown farther apart. You have dreamed of an ideal marriage since you were a kid, but this isn’t child’s play. This is reality. Perhaps you still feel love for the person you married, but is it enough to last you a lifetime?

Divorce is a trying road to take. There are lots of emotions involved and issues to consider. But you know that the only thing that can make you full again is by parting with your other half.

As the process can become too emotional, you want a third party to help you with this. You need somebody to see the practical sides of divorce, issues you may be unable to do yourself during this unfortunate time. An attorney specializing in handling divorce cases may assist you with the entire process.

At first, having divorce lawyers included may seem cold-hearted, but in truth, lawyers would help in lessening the pain of the whole process. As they would deal matters and ascertain that you will be treated fairly, you would be spared from needless stress.

Divorce lawyers would help you get through the messy, and probably, traumatic process. Getting divorce is not only physically and emotionally draining for the couple, but also for the children affected, if they have any. And while pressure is all part of the game, divorce attorneys help diminish it by taking care of the strenuous lawful issues.

Getting divorce is not the perfect solution, but there’s no other answer sometimes. Finishing your marriage shouldn’t be as trying as living it.

Lawyer

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Importance Of Getting Litigation Lawyers To Handle Your Civil Lawsuits

December 6th, 2011

Whether you are the accused or the complainant, civil lawsuits are going to consume you down. It could possibly go on for a long time, making you feel helpless and desperate. Court hearings are not only time-consuming, but can also be hostile. Handling it by yourself may not be the strongest route to take. You would require a defender in court. You would require to get a litigation attorney.

Litigation attorneys are those who take up civil lawsuits brought before the court. Lawsuits that don’t involve criminal law are managed by litigators. To further clarify, litigation is the practice of taking becomes through court process.

For lawsuits involving personal injury, employment, malpractice, and other cases, you may find litigation lawyers very valuable. Since the lawsuits are very thorough and have complicated procedures, general practice lawyers usually don’t have the skills of litigation attorneys needed for these cases

An attorney specializing in litigation usually has a whole team to collaborate on in a case as litigation lawsuits are very complicated. A lawsuit may even take years before a judge can hand over a resolution. Because of the complicated and pricey process, small scale cases are best advised to be settled out of court.

Whether a suit dodges a court hearing, you still need a litigation lawyer to be able to make a sound agreement deal with the other camp. A skilled and good litigation lawyer can get you a really profitable deal.

A good litigation lawyer can initiate a deal with the other party before you step into a courtroom, hence saving you time and money. Also look for a lawyer that can explain difficult legal phrases into layman’s terms for you. Your hired legal beagles should also be very reliable since you are going to hand over your personal and private documents to them.

This also goes without saying that before you depend on a lawyer to handle your case, do a little professional background check. Ask for their experience in dealing with like lawsuits, including how many have they won for clients. That way, you’d know that you are entrusting your case in capable hands.

Lawyer

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