We provide a range of employment law services for migrants, as well as employers who sponsor migrants for temporary and permanent visas.
Australian immigration laws are complex and continually changing. Many migrant workers are unsure of their employment law rights, and many employers are unsure of their rights and obligations as a sponsor. Failure to comply with Australian immigration law obligations may result in serious consequences.
Request an obligation-free quoteWhat We Handle
| Service | Description |
|---|---|
| Employment contracts | Drafting, review, and negotiation of individual employment agreements |
| Unfair dismissal | Applications to the Fair Work Commission for employees dismissed harshly, unjustly, or unreasonably |
| Unlawful dismissal | Claims where dismissal breaches general protections under the Fair Work Act |
| National Employment Standards compliance | Advice on minimum entitlements including leave, hours, and redundancy |
| Restraints of trade and intellectual property | Advice on post-employment restrictions and IP ownership clauses |
| Independent contractors | Classification advice, contract drafting, and ATO compliance |
| Sham contracting | Defence against sham contracting allegations; advice on proper classification |
| Workplace bullying | Advice, documentation, and representation for bullying complaints |
| Worker's rights and obligations | General advice for employees on their rights under Australian law |
| Employing visa holders | Compliance advice for employers who sponsor or employ visa holders |
| Fair Work Commission and courts | Full representation at tribunals and courts |
| Payment disputes and entitlements | Recovery of unpaid wages, superannuation, and modern award entitlements |
| Settlement negotiation | Negotiated exits, deed drafting, and confidential settlements |
In a significant Fair Work Commission decision, the Full Bench held that a demotion DOES constitute a dismissal, unless the demotion does not involve a significant reduction in the employee's remuneration or duties, and the employee remains employed with the employer.
The onus is on the employer to prove both requirements. Section 386(2) of the Fair Work Act provides other exceptions to when a person has been "dismissed."
Article uploaded 25 May 2016
The Federal Circuit Court of Australia found that an employee dismissed during his probation period was eligible to make an application for "dismissal in contravention of a general protection."
Under section 341(1) of the Fair Work Act, a "workplace right" includes the right for an employee to make a complaint or inquiry in relation to their employment. The Court found that one of the reasons for dismissal was a complaint the employee made about his supervisor.
A general protections claim may be available to an employee who is not eligible to make a claim for unfair dismissal.
Article uploaded 7 December 2016
Presently, Australian Uber drivers are engaged under a contract for services, where the driver agrees to provide a specified service to Uber. No employment relationship is created between the parties.
In a landmark UK employment tribunal decision, Uber drivers were held to be employees, not self-employed contractors. Uber UK was required to pay the national minimum wage and holiday entitlements. There has been no similar ruling in Australia, but a test case brought to the Federal Court of Australia could change the status of Uber drivers here.
Uploaded 7 December 2016
If you employ visa holders or sponsor migrants for temporary and permanent visas, you have specific obligations under both the Fair Work Act and the Migration Act.
We can help you:
Contact us for an obligation-free quote. We will assess your matter and provide a clear fee estimate in writing before any work begins.
Request a quote