Employment and Workplace Relations

Brisbane Employment and Workplace Relations Lawyers

OVERVIEW

Even if a person is called a “contractor”, “subbie” or “consultant”, he or she may actually be an employee at law in certain circumstances.

Parties may enter into “sham” contracts to avoid taxation and superannuation obligations and thus gain a competitive edge when tendering for work.

This can affect an employer’s obligations to provide paid annual, sick, compassionate and long service leave, pay superannuation and WorkCover premium.

Failure to comply with these obligations can not only result an employer facing fines and penalties but also claims for reimbursement of worker’s compensation payments and unpaid superannuation.

With a team of experienced practitioners in the area of employment and workplace relations, we review and redraft contracting arrangements to ensure compliance with ATO and Court guidelines.

Our taxation law knowledge ensures we deal with both the legal and ATO tests of “contracting”.

CAPABILITIES
  • Preparing, reviewing and revising employment agreements, contractor agreements and consultancy agreements including:
    • Whether the arrangement is an employment agreement, contractor agreement or a sham contract.
    • The Fair Work Act 2009 (Cth), awards and whether they apply or not.
    • Confidentiality obligations.
    • Intellectual Property Ownerships; and
    • Restraint of Trade.
  • Advising on claims of bullying and harassment;
  • Advising on claims of discrimination (unlawful discrimination including sex or racial discrimination, and discrimination on the basis of attributes such as marital status, age and sexual preference).
  • Advising on strategies, including the implementation of policies and education, to minimise the risk of claims.
  • Assisting you to bring, or defend, a claim arising out of the workplace environment.
OUR EXPERIENCE
  • We have been enforcing restraint of trade and employee theft of corporate intellectual property for over 15 years.
  • We regularly serve search and seizure Order to allow us to search the house of employees for stolen records and intellectual property.
  • Filing and conducted unfair dismissal claims in the following industries:
  • Defending small business and unfair dismissal claims in the Fair Work Tribunal and the Courts.
  • Attending settlement conferences and conciliations with respect to unfair dismissal claims.
  • Suing ex-employees for breach of their employment contract including infringement of intellectual property and account of profits for the solicitation of business.
  • Directorship disputes and equity ownership disputes.

For professional legal advice concerning all matters of employment and workplace relations, speak to the team at Irish Bentley Lawyers.

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