The employment relationship is one of the most heavily regulated in our society. Whilst it is fundamentally a contractual relationship, terms and conditions of employment are imposed by the common law and a web of different State and Federal Acts. If you have any doubts about your legal rights or duties it is important to get good advice at an early stage. Trust and confidence are essential elements of a successful employment relationship. When the relationship breaks down, severe financial loss and damage to health and reputation can result. If it has deteriorated to the point where you need an advocate, that person should be able to act swiftly, with an eye to the big picture.

Unfair dismissal, general protections disputes & underpayment of wages claims

If you’ve been sacked, underpaid or treated unfairly at work, you may be able to recover compensation for your losses. Industrial and workplace relations laws are technical and have changed frequently in recent years. Strict time limits apply (only 21 days for unfair dismissal and general protections claims) so don’t delay getting advice from a specialist.

Joseph was very accommodating and helpful in my unfair dismissal claim. With his knowledge of Fairwork processes and employment law, he was able to secure me several remedies which have helped ease this hardship. He was also keen to, and readily understood, terminologies specific to my line of work. His world-class services are very affordable and I would wholeheartedly recommend him to anyone.

– Jackson D

Workers Compensation

Workers compensation law has been in a state of almost constant flux over the last 30 years. In July 2015, the Workers Rehabilitation and Compensation Act, 1986 was replaced with the Return to Work Act, 2014, which now governs claims for injuries both before and after that date. The Act provides for benefits to injured workers including weekly payments of income support, medical expenses, rehabilitation support and lump sum compensation for non-economic and economic loss. If you’re unlucky enough to sustain an injury at work, it is likely that at some point you will need legal advice about your entitlements, and you may need to commence proceedings in the South Australian Employment Tribunal to dispute a decision made on your claim. Joseph, Donald and Kaeli are well-placed to assist and represent you.

Motor vehicle accident claims

If you suffer injuries in a motor vehicle accident, and the accident resulted from another driver’s negligence, you may be entitled to recover damages for economic and non-economic losses. It is unwise to seek to resolve such claims without legal advice and representation. Time limits apply so it is important to seek advice quickly.

Discrimination

Under both State and Federal legislation it is unlawful to discriminate against another person in relation to employment, goods, services and accommodation on the basis of that person’s personal attributes such as sex, sexuality, disability, race and age. It is also unlawful to harass, vilify or victimise another person on such grounds. These laws are technical and the processes for pursuing a complaint can be complex. Obtaining advice and representation is essential.

Defamation

If someone has said or written something about you that causes you offence or damages your reputation, you may be entitled to damages. The law of defamation is complex and often poorly understood. If you believe that you have been defamed, you should seek legal advice as quickly as possible. Your lawyer may be able to persuade the wrongdoer to apologise or retract the allegation, so that the damage can be minimised.

During a difficult employment situation where I was being bullied by my manager I sought legal advice from Joseph Wearing. His advice and support were key in my placing my trust in his ability. In dealings between my employer and Joseph his confidence, knowledge and experience allowed me to be reassured that the issue would be resolved.

Joseph was always available to advise and help with issues as they arose and provided a measured, clear and professional response during a highly stressful and emotionally charged period. In all I was extremely pleased with the final resolution of the issue and would not have achieved such a favorable outcome without Joseph’s expertise.

– Todd W