Employment Law - Workclaims Australia

Workclaims Australia are registered industrial agents equipped to deal with a range of national workplace relations issues.

We provide employment law advice, representing parties at all stages of the complaint process from raising a claim, mediation, hearing, tribunal or – in rare cases – going to court. Our own thorough knowledge of the Fair Work Act 2009 means we can advise you on the best way to approach your rights.

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Desired outcomes for workers vary from case to case and can include:

Reinstatement

Reversal to Resignation

Compensation

Statement of Service

Latest Posts

Workclaims Australia

3 months ago

RE-INSTATEMENT ISSUES A worker seeking reinstatement will have another opportunity to have his unfair dismissal application heard, after a full bench quashed Deputy President Boyce’s decision made earlier this year.The Active Crane Hire worker was dismissed on the spot when his yard manager found him asleep in his truck. The worker gave evidence that he was simply resting and unable to work due to bad weather at the time.Deputy President Boyce found that while the reason for dismissal was valid the employer hadn’t afforded the worker procedural fairness and ordered compensation to be paid to the worker. The worker’s request for re-instatement was considered inappropriate by the deputy president as he believed there was “clear animosity between him and the employer’s management’’.The Full Bench remitted the worker’s application for a remedy to Commissioner Johns for redetermination after finding the Deputy President’s decision that there was a valid reason for dismissal as ‘’unsound’’. He also failed to take into account that the yard manager by his own admission had sent his other workers home early at 2:30pm, an important piece of evidence considering the worker dismissed was found asleep at 2:45pm.Regarding the matter of re-instatement and animosity between the manager and worker the Bench said that Active Crane submitted no such evidence at the hearing that could be relied upon to support such a finding and that if the Deputy President had formed such a view, he ‘’should have put the worker on notice that this finding was in his contemplation and the basis for it’’.The question of trust and confidence is often raised by employers, but in reality, in this day and age, it should be a very bad relationship which prevents re-instatement. ... See MoreSee Less

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Workclaims Australia

7 months ago

NEW CHANGES TO UNPAID LEAVE DURING CHRISTMAS SHUTDOWNS.It has been common practice for employers to direct their employees to take unpaid leave during temporary shutdown periods like Christmas. From May 1st this will no longer be an option for many award covered employers including Hospitality Industry Award 2020, Building and Construction General On-site Award 2020 and Higher Industry- General Staff- Award 2020.In December last year the Fair Work Commission included a new annual shut down model to be applied to 77 modern awards. The new provision allows employees with insufficient accrued leave the right to say no to taking unpaid leave, leaving them with the choice of continuing to work during shutdown or if there are no suitable duties, be paid additional annual leave while not working.Employers must comply with new notice requirements such as giving their employees 28 days written notice before a temporary shutdown begins and should plan ahead for proposed Christmas shutdowns and ensure their leave policies are updated to reflect the new changes. ... See MoreSee Less

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Engaging our services as early as possible in the process is imperative, even if your claim does not eventuate or you decide not to follow through.

In situations of unfair dismissals, it is estimated that thousands of Australians miss out every year on entitlements because they miss the narrow window of 21 days to lodge their claim.

Ensure you are not disqualified by taking early steps to raise the claim. A quick initial phone call is all it takes, and supplementary information can be added later.

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Visit Us:
Suite 19, 87 McLarty Avenue
JOONDALUP, WA 6027

Contact Us:
info@workclaimsaustralia.com
(08) 9301 0850

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