Often high income earners think that they identify with lawyers who usually represent employers, and with whom they have developed a professional relationship. It can be a serious strategic error to believe that lawyers who represent employers can do a 180 degree turn and think the way that they need to think to represent an employee. The strategic thinking required when acting for an employee is entirely different than acting for a company. McDonald Murholme knows the difference.
Many employers ignore that despite the high income threshold ($138,900 pa) preventing highly paid employees and contractors from pursuing an Unfair Dismissal claim, employees over this salary can apply under the Fair Work Act 2009 (Cth) for compensation against most wrongful termination of employment. There is a long list of prohibited conduct by an employer which can result in compensation to an employee. This includes non-genuine redundancy, dismissal after temporary illness or injury, family or carer’s responsibilities and other numerous forms of discrimination.
The Fair Work Act 2009 (Cth) contains new and somewhat radical protection for all employees under the heading of General Protections. These provisions protect employees against a range of Adverse Actions by a company or fellow worker. These laws give protection to employees who speak up and exercise their employment rights, empowering employees to bring their employer or fellow employee before the Fair Work Tribunal and the Federal Court to enforce the law.
There can be no simple statement of how far these laws extend. It is ever expanding and developing. We can advise how far the law can assist you.
The law is often more protective of higher paid employees and yet it is these employees that are more reluctant to take advice. Erroneously they think that little can be done or because of their close connection to the company are fearful of consequences such as reputational damage. The right legal advice prevents reputational damage as well as reducing financial losses.
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