EMPLOYMENT LAW

FourLion Legal offers assistance, advice and representation to both employers and employees regarding their employment law obligations and rights. No matter what industry you work or what allegation you may be faced with, our team will work to assist and advise you on your rights and help to negotiate the best outcome for you.

Fair Work Act

The Fair Work Act 2009 (Cth) is the governing legislation for the majority of employees in Australia. However, the Fair Work Act does not apply to independent contractors. Alternatively, depending on what industry you are employed in, you may fall within the scope of the State legislation.

Employment law is a complex area of law and should you seek our legal services, we will be able to advise you on what jurisdiction you fall within and your rights and obligations accordingly.

Advice for Employers

We are experienced in assisting and providing advice to employers on various aspects of employment law, including but not limited to:

  • your rights and obligations to your employees under their employment contract, any applicable award or agreement, and the relevant legislation
  • termination including for small businesses
  • redundancy
  • long service leave calculations
  • termination upon sale of business
  • restraint of trade provisions

Advice for Employees

We are experienced in assisting employees and providing advice on various aspects of employment law, including but not limited to:

  • your rights and obligations under your employment contract, any applicable award or agreement, and the relevant legislation
  • unfair dismissal
  • general protection or unlawful termination claims
  • adverse action and your workplace rights
  • redundancy
  • allegations of discrimination
  • pay disputes

Fair Work Commission

The three main types of claims employees may make under the Fair Work Act are:

  • adverse action
  • unfair dismissal
  • general protections

In order to make a claim, the requisite forms must be completed and forwarded to the Fair Work Commission. The time limit for making a claim is usually 21 days from the date of the dismissal or alleged conduct.

If you are faced with defending a claim for unfair dismissal, adverse action or general protection from an employee, you have a right to respond to the claim and the opportunity to outline why you object to the claim.

Should you wish to make a claim against your employer under the Fair Work Act, or to respond to a claim made against you, please contact our team to assist you in lodging your application or response as quickly as possible.

Conciliation Conference

Should you proceed to make a claim under the Fair Work Act, the matter goes to a conciliation conference. Should the matter not settle at the conciliation conference, it is likely to proceed to a Fair Work Commission hearing.

At a conciliation conference, the parties to the matter discuss the issues in dispute with the assistance of an independent Fair Work Commission conciliation officer in order to resolve the matter. It is an informal dispute resolution method which is conducted by way of a teleconference.

Even if the matter does not settle at the conciliation conference, the parties are at liberty to continue to attempt to resolve the dispute.

Final Hearing

At a Fair Work Commission hearing, the parties to a dispute are both given the opportunity to put their case to the Commission Member.