Employment Law Advice for Businesses

MKI Legal has lots of experience in assisting small-to-medium businesses owners deal with employment law issues. Fair Work laws can be complex, so it’s important to get expert assistance to help you navigate through it correctly.

Fair Work Advice for Employers

We provide expert fair work advice for employers to help you understand your rights as an employer and your business obligations to ensure that you don’t contravene workplace laws.

If you’re an employee, visit our pages here.

How We Can Help Your Business

Defence Against Claims

If an employee has commenced an unfair dismissal, general protections, discrimination, underpayment or any other claim, we can defend your business.

We can help prepare responsive court documents that need to be filed, engage in negotiations with the employee, represent you in court and advise you on how to best navigate the process.

It’s easy for workers to lodge dismissal claims. We have seen a significant number of self-submitted claims in the past. To prevent any damage to your business, it’s best to have professional assistance from an experienced employment lawyer.

Sometimes the business needs to respond to baseless allegations.

Case Study
One of our clients had valid and lawful grounds to terminate an employee. On finding out the news, the employee threatened new claims of bullying and discrimination (that were never brought up before). In this case, the worker made new meritless claims to abuse the system and process.

We helped the business professionally deal with this matter, while reducing the stress on the leadership team.

MKI Legal can help you understand how strong your defence is, potential risks and how to minimise them. We also take care of all correspondence with the employee, with a view of trying to settle the claim on favourable terms.

When we defend a business from an employee claim, it’s often a good opportunity to look at existing employee contracts, workplace policies and procedures to help reduce the chance of future claims happening.

Going through this experience can be stressful, but MKI Legal can help you defend the case, and minimise future risks. Contact us today for a free discussion about your claim.

Employee Threatening To Start A Claim

We can still help your business if a claim has not yet started but an employee is making threats to sue or has made a complaint.

Sometimes that involves negotiating with the employee and entering into settlement agreements that release you and the business from liabilities (therefore preventing a claim for starting in the first place).

Case Study
MKI Legal were able to assist in a situation where a problematic staff member brought new, unproven accusations whilst already receiving workers compensation. They began to make unreasonable demands – which is where MKI stepped in and were able to help.

We helped the business understand their rights and responsibilities by using the legal framework to help the owner resolve the issue with the staff member.

Case Study
An employee alleged she was discriminated against based on her gender. She had a stress-related workers compensation case that was not disputed. The employee then raised further allegations that the business gave her less favourable opportunities because of her gender. The employee threatened to sue for discrimination.

This was not the case, as the employee had been given different tasks to accommodate her medical condition and prevent the employee from further exacerbating her condition (unrelated to gender).

We helped the business by removing the risk of the claim by negotiating an alternative role that stopped the employee from filing a claim against the company, and successfully resolving the dispute.

Employee Misconduct

Dealing with employees who misbehave can be quite stressful. Business owners can be uncertain what steps to take to ensure that lawful processes are followed.

If you do the process wrong, the employee can sue for unfair dismissal or breach of general protections.

MKI Legal can help guide you through the process of properly disciplining an employee, and if appropriate, assist in terminating their employment.

By following the correct steps, you can minimise the chances of a claim being lodged and minimise liability.

Assisting in Performance Management for Employees

If an employee is not performing to the required standards, the employee might need to be put on a performance management plan.

This is basically a process where you give an employee an opportunity to improve their performance. If the employee doesn’t improve after being given a fair and ample opportunity to do so, then the business will generally have the grounds to terminate the employee.

Doing this process correctly reduces the chance of employees making a claim if they are ultimately terminated. Learn more about the procedures here.

Employees vs. Contractors

Businesses can have a difficult time deciding whether to engage workers as employees or contractors.

Getting this wrong can have big implications – like fines, back pay, interest and reputational damage.

Case Study
In Fair Work Ombudsman v Care Providers Pty Ltd & Ors (2019), the business was ordered to pay $216,480.60 as a result of sham contracting (disguising an employee as a contractor when really they are an employee).

We can advise on whether a contractor or employee is the best arrangement for your business, and prepare contracts that protect your interests.

Preparing Contracts

Preparing employment contracts correctly helps minimise risks and ensures your business complies with the Fair Work Act.

Having good employment contracts makes it easier to take disciplinary action, like enacting a lawful dismissal.

Good employment contracts can properly protect intellectual property, prevent employees poaching customers and staff, and restrain unfair competition by former employees.

We prepare Employment contracts that comply with the Fair Work Act and minimise the chances of claims being brought by the Fair Work Ombudsman or employees.

Managing Risks

‘Getting it wrong’ can result in significant consequences. The Fair Work Ombudsman can impose serious penalties on businesses and owners. You may also face reputational damages to the business and you may be ordered to pay significant fines and compensation.

Employees who are successful in an unfair dismissal claim can get up to 6 months of pay. If they’re successful in a general protections claim, compensation can be much more (as it’s uncapped) and the business can be ordered to pay for psychological damage and be heavily fined.

Case Study
In Fair Work Ombudsman v Abella Travel Pty Ltd & Anor (2019), the business was ordered to pay around $400,000 (between the business and its owner) for multiple staff underpayments and producing misleading records.

Business owners who are involved in the breach of workplace laws can be joined as accessories in contraventions and may be personally liable. Directors, HR managers, accountants, and others involved in the breaches of workplace laws can be joined as an accessory.

From Fair Work:“Businesses who fail to follow workplace laws are at risk of paying up to $66,600 per contravention, and up to $13,320 for individuals. These penalties increase for serious contraventions: up to $133,200 per contravention for an individual and $666,000 per contravention for companies.”