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Lawsuit

Unfair Dismissal Claims: What Are They & How Do You Avoid Them?

September 28, 2020 by Reporter Leave a Comment

unfair dismissal business employee

Operating a business requires a huge commitment from business owners both to the future success of their company and to the well-being of their staff. To ensure that your business continues to thrive moving forward, you need to ensure that your staff are motivated, productive and believe in the mission of your company. Unfair treatment of your staff, even in the case of a dismissal, can wreak havoc on your business and cause chaos within your company.

To avoid an unfair dismissal in Melbourne, business owners need to ensure they follow the correct protocols when letting employees go. An unfair dismissal claim could tarnish the reputation of your business, result in low staff morale and poor relations with the business community in your area going forward. You can be held liable under the Fair Work Act if an employees dismissal is determined to be “harsh, unjust or unreasonable” by the Fair Work Commission. This can be a stressful situation for business owners that can cause irreparable damage to your business, but with the right approach, you can avoid arriving at this unfortunate juncture.

Let’s explore a few ways that you can reduce your risk of facing an unfair dismissal claim in your business.

Don’t Rush A Dismissal

Although you don’t have any legal obligation to issue your employees with any number of warnings before you dismiss them, you need to be careful about how quickly you dismiss your employee. Firing them on the spot, for example, is never advised, as, from a legal standpoint, there are very few times where this is allowed. However, if there is sufficient evidence that the employee has broken the law while at work or has broken your safety protocols, you may be within your rights to dismiss them there and then but tread carefully.

Work With Them

As an employer, it is your job to inform underperforming or uncooperative staff members as to where they are going wrong and what they can do to improve. Failing to offer guidance and an opportunity to improve could be seen to be an unfair dismissal. Meet with the employee in question and outline what the issues are and put a plan in place to help them to reach their work goals. You should meet again in time to review their progress before moving forward with the dismissal. Should there be an unfair dismissal case, the favour will be with you at trial, as you will have offered a solution to the problem and a roadmap to improvement for your employee.

Hear Their Side

If you have any allegations to bring against an employee, whether it is regarding underperformance or misconduct, you need to allow them to respond to the allegations. While this is certainly a fair way to approach the situation, it is also legally required that you take this approach. You are obligated to clearly outline the allegations and communicate them clearly to the employee in writing. They need to be given an opportunity to consider the allegations before you meet with them to discuss the issues. You must give their response genuine consideration or you could end up facing an unfair dismissal trial down the line.

Ensure You Avoid An Unfair Dismissal Case

Employees are dismissed for a variety of reasons and you are completely within your rights as a business owner to dismiss employees who are not performing well, who breach safety protocols or who do not behave appropriately in the workplace. However, before you dismiss an employee, you must take the time to ensure you have not given cause for unfair dismissal. Treating your employees with respect and compassion, even in a dismissal, will ensure your business avoids being hit with an unfair dismissal claim in the future.

Filed Under: Business, Business Insurance, Small Business, Small Business Tagged With: Employer employee, Lawsuit, Lawyers

Tips to Running a Family Law Firm Business in Sydney

August 29, 2019 by Reporter Leave a Comment

law in australia

The practice of law is a respectable one indeed. No matter what type of legal professional in Sydney you are, solicitor or barrister. You’ll notice that people generally have huge respect for the legal profession. But one thing is important to keep in mind. Many legal professionals and practitioners work for large companies. Others run private businesses. Some work alone, others in small groups. So if you’re running a law firm, you must be a business person too. It’s not something to which you would have given much thought when you were struggling to pass those exams. In those days, the passion for the law would have carried you through. Yet, like it or not, law firms are areas where business and commerce intersect. To practice the legal profession profitably, you will need some business skills.

Business Tips for Family Law Businesses

Are you a solo practitioner? Or are you a partner in a firm of family law solicitors? Either way, you have business responsibility. You must make yourself and your partners if need be, aware of certain aspects of the running of the company.

  • You must take a certain amount of time in the month to assess the situation in your business. If you’re a partner in a company rather than running the company alone, there must be regular meetings. This will keep everyone up to date with business matters.

  • In the case of a partnership, you each should have clearly defined responsibilities. Unless it’s specifically agreed that one person takes care of business.

  • One person could be responsible for tracking  company profitability. Another could be responsible for overseeing the office staff employed by the company.

  • You must try to project the company’s profitability for a year. based on the income the company makes per month. You should make careful notes of the partners who bring in the most revenue. Also, note the clients who are most profitable for the company. Use company successes discreetly in marketing the company’s services.

Marketing Tips for Family Law Businesses

Professionals sometimes find hustling for business to be distasteful and sleazy. It doesn’t have to be that way if you’re doing it right. Reliable Family law specialists are always in demand. You must alert the relevant people in the community of your presence.

  • Remember, families, are at the heart of local communities. So make sure that the local community has an awareness of who you are and where you are. You could incorporate your company’s years of service into a slogan. Especially if those years are long enough, i.e. ‘serving the families of our community for 30 years.’

  • If your local area has a community newspaper. It’s no harm to slip in a discreet advertisement on a regular basis. It will put the word out that you’re available to help local families. It may also generate gratitude from the newspaper committee. It depends on revenue from local advertising to keep afloat.

  • Keep a cash float handy in case someone requests your company to sponsor or co-sponsor a local event. Such as a community fundraiser. Remember, they will display your name as one of the event sponsors. This gets your name out among local community members.

Plant the Seed and Reap Rewards

You may have joined the profession because of your passion for law. Or to do good work in the greater community. But those running their own business must develop business management and marketing skills. It takes a little work to get them. But they pay off in the end.

Filed Under: Small Business, WA Tagged With: Lawsuit, Lawyers

Understanding the No-Win No-Fee Services in Sydney

April 11, 2018 by Reporter Leave a Comment

What is exactly a no-win no-fee service? Well… it sure doesn’t mean you won’t be paying to the lawyer in case you lose the case. Shocking, right!

lawyer

So, here’s the deal with this service:

A no-win no-fee agreement is known as “conditional costs agreements”, which means you do have to pay some fee even if you lose. Let’s just say that it’s a play on words to give clients the peace of mind that they can pay less if they do not have any financial aid to fight a compensation case.

The Indemnity Principal

The indemnity principal in the courts of Sydney now follows these rules:

  1. The client doesn’t need to pay the compensation lawyer for the case out of his pocket
  2. The compensation lawyer are only allowed to issue a costs order if the settlement was made before hand
  3. The compensation lawyer cannot ask his client to pay more for the legal costs even if the amount received from the unsuccessful party is less

This brings us to the question that why do we need to go for no-win no-fee agreements.

The current rules of the indemnity principal state that the compensation provided by the successful party will go directly to the lawyer. When they have settled their legal costs and other fees, the successful party is given the rest of the money

Not only does this give lawyers the benefit to get their hands on the legal fees first but they are also able to do pro bono cases while still getting a small amount for their services.

The “Win” in the No-Win No-Fee Agreement

As mentioned earlier, the “win” doesn’t exactly come free. There are a few disbursement charges that need to be paid, which include photocopying expenses, court fees, medical report fees, barrister’s fees and title searches. These charges are usually paid by the client in case he loses the case. However, there are a few companies that take the case completely free such as https://www.lawadvice.com.au/no-win-no-fee. On the other hand, if it is a win, the lawyer demands a slightly higher fee as compared to a standard costs agreement. Even in a situation like this, the client cannot be forced by the lawyer to cover legal costs that are above the margin.

In a way, this is a win-win situation for both parties because if the lawyer wins the case, not only is he reimbursed for the money he paid throughout the process but he also gets a slightly high legal fee for taking on a case that was dangling in the grey area.

Cooling Off Period

In case, you change your mind, you have five business days to inform your lawyer that you want to take back the case. You will not be charged any contingency fee or penalties for this.

The definition of a “win” here means that the lawyer guarantees a positive outcome. If the case does go in your favour, only then the lawyer is allowed to ask you for professional charges.

Filed Under: Business Tagged With: Lawsuit, Lawyers, Sydney

Refugees sue Australian government for thousands of dollars for trauma.

June 9, 2011 by Reporter 3 Comments

Australian  taxpayers will be forking out  multi-million dollar compensation payouts to current and former asylum seekers who are preparing  claims in courts  that  they suffered trauma and psychological damage while  in detention.

Legal and medical sources have informed “The Daily Telegraph” that many detainees were preparing claims against the Australian government and detention centre operators Serco and G4S for million dollar payouts.

Australia’s Immigration Program has two components

Migration Program for skilled and family migrants

  • Humanitarian Program for refugees and others in refugee–like situations.

refugee boat australia n

This fact sheet provides details of Australia’s Humanitarian Program. Details of the Migration Program are available in Fact Sheets 20–40.
See: Fact Sheet Index

http://www.refugeecouncil.org.au/docs/resources/Intake%20Sub%202010-11.pdf

Mr.Parvez Yousefi’,  a former Iranian oil industry engineer, who was granted a record $800,000 in damages achieved notoriety  while in detention when he sewed his lips together and attempted suicide  while in the Woomera Detention centre between 2001 and 2004. Among those making claims are Iranian Mehrnoosh Yousefi and her adult son, who have both been granted refugee status. Slater & Gordon’s Bill Madden confirmed the pair had claimed detention had “resulted in serious psychological damage”

In some lawsuits against the Australian government, asylum seekers are seeking damages for  claims for lost earnings during since their detention, claiming factors such as an inability to concentrate and the need for ongoing medical treatment.

The Australian government  can soon be using more taxpayers money for payouts to the refugees if lawsuits like these become more regular.

2010–11 Refugee and Humanitarian program

The Humanitarian Program for 2010–11 is set at 13 750 places and comprises:

  • refugees from overseas—6000 places
  • other humanitarian—7750 places (this includes places for the SHP and for persons granted protection after arrival in Australia).

Dr Zachary Steele from the University of NSW tells Jason Morrison refugees have rights. 65% of refugees have been in custody for longer than six-months, a period medical experts say causes mental health issues

Comments

Judicus of Brisbane Posted at 7:58 AM Today

What the hell is this country coming to when this garbage happens. They choose to come here under those circumstances, and then sue us because of it. I just can’t believe this, and I can’t begin to explain or describe how bloody angry this makes me. We are so stupid to allow this to happen, our courts are there to pay anything to anyone who comes with the most lame excuse ever and give them what they want. While long suffering tax payers, our very neglected older people, disabled and ill Australians can’t afford the very basic of human rights like a hospital bed or shelter over their heads, we are paying out hundreds of thousands to boat people who have been in a detention centre for longer than 6 months. What a bloody disgrace it is. I almost despair at this type of do-gooder nonsense. I strongly encourage our sick, elderly and disabled to sue the government for psychiatric damage due to the non-availability of services for them then. If the illegal boat people can have such a huge win in the courts then these Australians can surely do so as well. What a pathetic joke it is. Come over here illegally, destroy our property then sue us. WTF??

From: http://www.news.com.au/national/refugees-set-to-sue-australia-for-millions-for-psychological-damage/story-e6frfkvr-1226069828228#ixzz1ORr3b9nm

David of Sydney Posted at 7:57 AM Today

So not only do Australian taxpayers foot the bill for the accomodation, meals and “entertainment” of these illegal asylum seekers, now we are paying for the reconstruction of their detention centres after they set them on fire, and then to add the ultimate insult to injury we are paying compensation after they come here illegaly and claim they can no longer work from the trauma they have suffered. There is something very wrong with this picture. Laws should be passed preventing oppotunistic “ambulance chasing” Australian lawyers from convincing illegal immigrants that they could become instant millionaires by coming to Australia and they should be sent back immediately to prevent this sort of thing from happening.

From: http://www.news.com.au/national/refugees-set-to-sue-australia-for-millions-for-psychological-damage/story-e6frfkvr-1226069828228#ixzz1ORrEAv95

Go back to where you came from Airs on Sbs 1

An interesting show that is soon going to launch on SBS based on the refugee situation is “Go back to where you came from”.  In the show , Six ordinary Australians agree to challenge their preconceived notions about refugees and asylum seekers by embarking on a confronting 25-day journey. Tracing in reverse the journeys that refugees have taken to reach Australia, they travel to some of the most dangerous and desperate corners of the world, with no idea what is in store for them along the way. This drama airs on sbs 1 on june 21,22,23 0830 pm wst.

Related Links:

Dozens of Bosnian (Muslim) war refugees sue US over citizenship delays

http://www.ehmac.ca/refugees-sue-canadian-government.html

You can leave your comments below

Filed Under: 2011, Australia, Labor Party, Refugee Tagged With: Compensation, Lawsuit, Refugee, Trauma

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