Best Hiring & Firing Lawyers in Carlton North

About Hiring & Firing Law in Carlton North, Australia

In Carlton North, and Australia in general, employment law is governed by a combination of legislation, agreements, decisions and awards; the most important being the Fair Work Act 2009. This Act protects employees from unfair treatment, including in circumstances of hiring and firing. Australian laws stipulate that the process of hiring or terminating an employee should be fair, justified, and must not discriminate based on gender, race, disability or other protected characteristics.

Why You May Need a Lawyer

If you're an employer, it is necessary to seek legal help when creating employment agreements to ensure they comply with all relevant laws and regulations. In cases of dismissing an employee, legal advice is essential to avoid wrongful termination suits. As an employee, if you believe that you have been jealously hired, unfairly treated, or wrongfully dismissed, you may need legal assistance to know your rights and obtain suitable remedies.

Local Laws Overview

The local laws in Carlton North adhere to the Fair Work Act 2009. This set of laws offer the following protections related to hiring and firing:

• Unfair Dismissal: Employees have protection from being dismissed under unjust circumstances.
• General Protections: Employees are also protected from any action taken against them due to a workplace right, an industrial activity, or other protected attributes.
• Discrimination: It is unlawful to discriminate when hiring or firing based on attributes such as race, gender, age, disability, or sexual orientation.

Frequently Asked Questions

When can an employee claim for unfair dismissal?

An employee can make a claim for unfair dismissal if they have been dismissed, and they believe the dismissal was harsh, unjust, or unreasonable.

What is considered as discrimination in hiring or dismissal?

Discrimination occurs when a person is treated less favourably due to certain personal characteristics, including race, sex, age, disability, amongst others, as per the Fair Work Act.

What is the time limit for an unfair dismissal claim?

An application for unfair dismissal must be lodged within 21 days of the dismissal becoming effective.

Can an employer terminate an employee without notice?

The Fair Work Act states that an employer must give the employee a notice of termination, except in cases of serious misconduct.

What steps should an employer take to lawfully dismiss an employee?

The Fair Work Act requires employers to have a valid reason for termination related to an employee's capacity or conduct. Prior to dismissal, employers should provide an employee with warnings, provide an opportunity to respond to those concerns and consider that response.

Additional Resources

The Fair Work Commission and Fair Work Ombudsman are the key bodies dealing with hiring and firing disputes in Australia. They provide comprehensive guidance, information resources, and dispute resolution services for both employers and employees.

Next Steps

If you believe you require legal advice in the area of hiring and firing, the first step would be to seek consultation with a lawyer specialised in employment law in Australia. They will guide you on your rights, potential courses of action, and the overall process. Furthermore, they can represent you in case of any legal proceedings.