Commercial Law – Employment

We are handling an ever increasing number of employment cases as this area of law continues to be one of Australia’s most rapidly-changing. 

Whether you are an employer or an employee, knowing your rights and obligations and carefully considering your legal responsibilities can save you from difficulties.

Employees and employers who do not know their rights expose themselves to significant liability and lost opportunities. 

Employers should ensure that their letters of employment cover all possible areas of dispute, particularly areas associated with termination and confidential information.

If the departure of an employee to a competitor could cause significant damage to the business, clauses restraining trade (so far as is lawful), prohibiting the soliciting of clients to your competition by the employee and protecting confidential information should be included in the terms of employment. Neumann & Turnour Lawyers are experienced in drafting and litigating these provisions.

An employee should take detailed advice on any contract of employment if the terms do not seem fair or if the employee is not sure of the implications of any term.

Anti-discrimination laws at a Commonwealth and State level impact on employer relations also.  These laws need to be navigated carefully.

Dismissal is a major area of concern both to employers and employees under the law in Australia today. Queensland has its own Industrial Statutes and Commonwealth Statutes also apply in some cases. The common law principles, and equitable rights of both the employer and employee also must be considered. There are therefore many sources of law that may apply in any dispute regarding employment.

Employers and employees should therefore be cautious and take appropriate advice on employment issues particularly in any circumstances regarding dismissals. Rights may be lost or significantly prejudiced by delay.

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