Employment Disputes

There are a number of matters in which there can be employment disputes that do not necessarily involve the employee’s termination.

The relationship between an employer and an employee is a contract with obligations on the part of both. So, it is easy for differences to exist in opinion. Similarly, it is easy for the employer and the employee to get into a dispute.
Therefore, QBM employment disputes lawyer can provide advice in relation to employment, disputes, and differences.

Employment disputes can be dealt with through a range of processes. In some cases, the employee can approach the Fair Work Ombudsman or the Fair Work Commission. In other cases, the employee can approach a court.

Types of Employment Disputes

Types of workplace disputes include the following:

Disagreements over wage and salary entitlements, particularly commissions and bonuses
Disagreements over whether a direction from an employer is reasonable
Argument over restraints against competition after employment ends. As many contracts provide for unenforceable restraints,
Disputes over whether an employer has retaliated against an employee over a protected matter. Such as discrimination or as a reaction to a complaint made by the employee (called a general protection matter)
Unfair dismissal disputes over whether a termination has been unfair (for employees under the high-income threshold of approximately $160,000) or in breach of the contract. If an employee earns over the high-income threshold, the matter cannot be dealt with through the Fair Work Commission. The unfair dismissal provisions of the Fair Work Act will not apply
Disputes over whether the employee has been dismissed in contravention of a general protection matter. In this case, the matter can involve the Fair Work Commission even if the employee is over the high-income threshold
Whether a dismissal within the first six months of employment (or the first 12 months if the employer is a small business) was motivated by a prohibited reason and is accordingly actionable
Disputes over whether a redundancy is a genuine redundancy
Disputes over whether a person is truly a contractor

QBM lawyers can provide advice to employers and employees about employment disputes and differences.

Please contact Peter Muller at peterm@qbmlaw.com.au