
Best Hiring & Firing Lawyers in Mount Waverley
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List of the best lawyers in Mount Waverley, Australia


E. P. Johnson & Davies
About Hiring & Firing Law in Mount Waverley, Australia
Hiring and firing laws in Mount Waverley, Australia fall under the broader employment law. This legal framework regulates issues regarding employment contracts, remuneration, discrimination, termination, and dispute resolution. Australian labour law is majorly controlled by the Fair Work Act 2009, alongside various state laws that govern specific industrial relations matters.
Why You May Need a Lawyer
If you face accusations of unlawful dismissal or if you have been discriminated against during the hiring process, you may need legal help. Lawyers can also assist you in understanding your rights and responsibilities under Australian employment law. If you are an employer, you might need a lawyer to guide you in forming sound hiring or firing policies to avoid legal liabilities.
Local Laws Overview
Employers in Mount Waverley must comply with the Fair Work Act 2009, Disability Discrimination Act 1992, and the Age Discrimination Act 2004. These Acts aim to protect employees from wrongful termination and discrimination, allowing for fair hiring processes. Furthermore, dismissal must follow the requirements of a minimum notice period and adhere to other rules stipulated in the Act to avoid being considered unfair or unlawful.
Frequently Asked Questions
1. What counts as unfair dismissal in Mount Waverley?
Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. Discrimination based, or unreasonable firing also fall under this.
2. Can I claim compensation for unfair dismissal?
Yes. If the Fair Work Commission finds that you have been unfairly dismissed, it may order your employer to provide compensation.
3. What is considered discrimination during the hiring process?
Discrimination occurs when employers make hiring decisions based on protected characteristics such as age, race, sex, disability, or religion, rather than job-related performance factors.
4. As an employer, what laws should I be aware of when creating a hiring policy?
You need to know the laws that regulate discrimination, harassment, and fairness in employment such as the Fair Work Act 2009, the Age Discrimination Act 2004, and the Disability Discrimination Act 1992.
5. What is the notice period required before terminating an employee?
According to the Fair Work Act 2009, notice periods before termination depend on the employee's years of service and, if the employee is over 45 and has more than two years of service, an additional week is added.
Additional Resources
The Fair Work Ombudsman and The Fair Work Commission are the two major bodies dealing with hiring and firing issues in Australia. They provide comprehensive information and resources about employment rights and obligations.
Next Steps
If you need legal assistance in hiring or firing matters in Mount Waverley, you should approach enquiry to a lawyer specialising in labour law. Consider the severity and complexity of your situation and gather all relevant documents and evidence before seeking legal advice.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.