Best Hiring & Firing Lawyers in Mount Waverley

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E. P. Johnson & Davies

E. P. Johnson & Davies

Mount Waverley, Australia

Founded in 1961
38 people in their team
Who we are…Hicks Oakley Chessell Williams is a well-respected law firm whose origins began in 1961 in Mount Waverley, an Eastern suburb of...
English
MST Lawyers

MST Lawyers

Mount Waverley, Australia

Founded in 1950
200 people in their team
ABOUT MST LAWYERSMST Lawyers is a progressive law firm comprising some 60 dedicated Lawyers and support staff. MST has grown from a small firm...
English

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 intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.