Employment & Workplace

We understand the deeply personal and complex nature of work relationships, in both the public and private sectors. Work should provide an opportunity to be engaged, productive and respected.

BAL’s Employment Law & Investigations Group is led by Legal Directors John Wilson and Gabrielle Sullivan, who are each Law Society Accredited Specialists in Employment and Industrial Law.  We have a highly qualified, experienced and compassionate team who are exclusively dedicated to practising in this field. We are well poised to help you navigate complex workplace issues and to achieve positive, practical solutions.

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Bullying, harassment, discrimination and Misconduct Allegations

BAL’s Employment Law and Investigations Group has extensive experience dealing with workplace bullying, harassment and discrimination allegations.

If you believe that you are being bullied, harassed or discriminated against in relation to work, we are here to listen, and advise you on the many steps you can take to protect your right to work in a safe, respectful workplace. We can assist you in making a complaint through your workplace’s internal mechanisms. We can also advise on other options, such as making an application for Stop-Bullying orders, filing discrimination complaints in the Human Rights Commissions and the Courts, as well as with allied contract, negligence, WHS and workers compensation claims.

It may be that you find yourself the subject of allegations that you have bullied, harassed or discriminated against someone. We have decades of experience in advising on how to respond to these allegations and how to manage the complaints investigation process to ensure the outcome arrived at is truly fair.

Unfair dismissal

We understand that a job is a source of income, status and connection. So, losing a job is a very unsettling experience – especially if it was unfair. Sometimes that unfairness can also be unlawful (for example, if there is an element of discrimination or victimization, or if the contract has been breached). We are experts in knowing how to respond to a potential unfair dismissal situation, including knowing if there are better options to maximise outcomes for you over this stressful time. Be sure you contact us fast – unfair dismissal and general protections applications need to be filed in the Fair Work Commission within 21 day of the date of the dismissal.

Employment contracts

Employment contracts are supposed to set out the agreed terms between you and your employer. But things can get tricky when the contract is not in writing or hasn’t been signed, when key terms are unclear or missing, or when the employer just acts in breach of the agreed terms anyway. We can help you understand and assert your contractual rights (including through negotiation, mediation and litigation). We can also help you understand how these contractual rights fit with other sources of employment obligations such as Modern Awards and Enterprise Agreements, the National Minimum Standards set out in the Fair Work Act, and your workplace policies.

Defamation

Having your reputation damaged can have huge ramifications for your career, your family, and your wellbeing. Defamation can take a variety of forms including the publication of oral, written and visual materials on social media, radio or in a public address. It counts as defamation if you are identifiable from the material, the statements in them are untrue and they cause damage, loss or harm to you and your reputation.

There are several defences available to defamation. Even if information has been published that is harmful to your, or your business’, reputation it may not necessarily constitute defamation. You can be confident that BAL’s team of proven experts will provide you with an expert and honest assessment of your claim.

Your Entitlements

Understanding your employment entitlements can be complex. We know it can feel overwhelming trying to understand contracts, enterprise agreements, Modern Awards and legislative frameworks, like the National Minimum Standards or superannuation legislation.

BAL’s expert and knowledgeable team can help you understand and enforce your workplace rights and entitlements. Whether it be entitlements under an employment contract or enterprise agreement, or if you have questions about your right to leave, superannuation or remuneration or tax, our team can help you understand and enforce your rights, every step of the way.

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June 2021 – Recent Changes to Casual Employment

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