Employment Law: Employees Perspective

There are some of the strongest protections for workers when it comes to Australian employment laws. It ensures their safety from being exploited and allows them to be compensated in certain unfair situations that can arise in the workplace. When dealing with a legal matter in the workplace, it is recommended to consult a legal professional for proper and knowledgable advice. Usually, companies have their own legal team prepared for handling situations, but if an employee feels their rights have been breached, they should contact a lawyer.

 

What are employees protected from?

 

Adverse Action

Employees should not be afraid to make requests for information or the change of something within the company due to repercussions that an employer may threaten. Employers who threaten:

  • Terminating employment
  • Injury to an employment
  • Demoting employees
  • Discrimination

Unless the employee is not following the employment contract, it is unlawful to take adverse action against them.

 

For example:

If an employee feels they are not receiving the proper compensation so they request assistance from the Fair Work Ombudsman. If the employer finds out and demotes the employee, this is viewed as unlawful since the employer took adverse action against the employee.

 

Coercion

Employers do not have the right to make employees do something they do not want to do through intimidation or threats. Many of the adverse actions fall into the coercion category. The difference is that the employee did not take action first.

 

For example:

If an employee does not want to do something against their will (out of the scope of their job description) and the employer threatens to terminate the employee so they will do the task. That is coercive behavior and is counted as unlawful behavior.  

 

Misrepresentation

Employers are not able to give false information to employees. The employment contract should be available for employees to access and hold all the information employees need to know about their position. Whether it contains their annual leave, sick and carer’s leave and compensations, employers have to be forthcoming.

 

For example:

If an employee asks an employer about leave and the employer does not give the correct information to try and mislead the employee. The employer could give the employer the wrong number of weeks they get annually or for sick leave and it is considered misrepresentation.

 

As an employee, if you feel that you have lost your job for an unfair reason, feel as though you’re being coerced, or feel that your rights are being violated, seek out legal help. Determine whether or not this is a situation that can be handled with just your employer or if legal action is necessary. Even going to a lawyer for advice on the situation can help determine what actions should be taken to resolve the issue.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

 

 

Guardianship: The Court’s Decision Part 2

Part 1 of Guardianship: The Court’s Decision described the role and the responsibilities of a guardian. With the role being described, you may begin to wonder why a guardian would be appointed. This role is very important and should not be entered into lightly. Though it does come down to the VCAT’s decision, here is what to know about appointing guardianship to a represented person.

 

Reasons to Appoint a Guardian

The resource of a guardian is valuable for health service professionals. It gives them the ability to discharge patients who are older or incapable of decision making. The VCAT with appointing a guardian if the represented person:

  • Has a disability that affects a person’s ability to make a decision
  • Cannot make personal and lifestyle decisions in a reasonable manner
  • Needs a decision made for them and there is not an alternative, less restrictive method that helps in making a decision
  • Needs someone who will act in their best interests

The VCAT will typically choose a relative or close friend of a represented person to be their guardian. The main qualification the VCAT is looking for is that the guardian will act in the best interest of the represented person. The family members of the represented person can express their wishes to the VCAT of who they would like to be the best person appointed as a guardian. If there are no suitable or willing people to take on the role of a guardian, the Public Advocate will be appointed as guardian. This would be a last resort and the Public Advocate would be able to delegate the role to either an Advocate Guardian from the OPA or to a Community Guardian.

 

A guardian role is completely voluntary. If the guardian becomes unable or unwilling to continue as a guardian, they may resign the position. The guardian must inform the VCAT, in writing, that they no longer want the responsibility of a guardian. The VCAT can then hold another hearing to determine if the represented person still needs a guardian and if they need to appoint a new one.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

Three Tips for Buying a Business

You want to change career paths or take on a new level of responsibility, so you decide you are going to buy a business. It should not be an easy decision since there is an immense amount of work that goes into the process. It is hard to narrow down tips for buying a business since there is much that goes into an agreement. These three tips are some of the essentials when you consider buying a business.

 

Research

Buying a business is a tremendous endeavor. Not only is the purchase of the business itself a huge commitment but so is the process beforehand. You do not want to make this decision without doing your due diligence. Take the time to figure out what you are interested in, determine if the business model has the chance of being successful, determine any risks, discuss why the business is for sale, and make sure it aligns with your budgets. There is a lot of research to be done to make sure that purchasing a business is the right move to make.

 

Buy Assets

It sounds strange to say buy the assets and not the business. You will receive a better tax treatment since your taxes will be based on what you paid for them and not what the seller paid for. Another advantage is you do not assume any liabilities of the previous owner. There will, however, be liabilities included in the acquisition agreement. These liabilities include product liability, environmental liability, liability under bulk sales, and employee benefits. Every contractual agreement is different and should be negotiated with the help of counsel.

 

Hire a Professional

Hiring a business lawyer and an accountant will help you with the numbers and the paperwork. Accounts help to determine the assets, liabilities, and what possible earnings could be. A lawyer will help draft, proofread, and negotiate contracts during the purchase of a business. Having successful professionals can make purchasing a business a smoother process. Creating a successful beginning may create an easier life of your business. You will have a clearer picture before closing the deal.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.