No-one should have to put up with losing their job unfairly, being harassed in the workplace, or being underpaid.
Book a free 30-minute consultation with our fair work lawyers to learn how we can help protect your rights – no matter how big your employer is.
When you’re working in a toxic or unsafe work environment, it can be hard to think clearly.
You might not be fully aware of your rights as an employee – and, even if you are, pushing back against pressure from HR and corporate lawyers with your job on the line can be intimidating.
That’s why more than thousands of Victorians have retained Pentana Stanton to advocate for them in disputes with current and past employers.
With solicitors fluent in nine different languages, our workplace bullying lawyers in Melbourne use practical, cost-effective methods to get you the outcome you deserve.
Book a free 30-minute meeting online, over the phone, or at our Melbourne CBD or Dandenong offices to find out how our dispute resolution lawyers can support you.
As an employee in Australia, you have rights – and one of those rights is that your employer can’t fire you in a harsh, unjust or unreasonable way.
If you’ve been unfairly dismissed, it’s critical that you talk to a fair work lawyer as soon as possible.
The Fair Work Commission, which decides on unfair dismissal cases, requires that you apply within 21 days of being dismissed.
You also need to have been employed for at least six months (or, if the business has less than 15 employees, for 12 months).
Keep in mind that, even if your employer claimed they were firing you due to poor performance or restructuring, there are still certain procedures that they’re legally required to follow.
Talking to an experienced workplace lawyer in Melbourne can help you work out whether your dismissal was unfair – and, if it was, what sort of compensation you could be entitled to.
Sometimes, employees don’t pay their staff what they’re legally entitled to.
This can occur through accounting errors, misclassification of employee awards, or deliberate practices like sham contracting.
Sham contracting is when someone who is legally classed as an employee is paid as a contractor – no award rates, no superannuation, and no holiday leave or other entitlements.
Employers often sham contract because it’s cheaper and easier for them.
If you think that your employer might not be paying you the right wage, denying you entitlements like super or leave, or incorrectly classifying you as a contractor, book a meeting with our workplace lawyers team.
Our free 30-minute consultations with a WorkCover lawyer in Melbourne are a good way to work out whether your employer is doing the right thing or not.
If we suspect they aren’t, we’ll help you investigate their actions and possibly claim compensation and/or damages.
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
He works closely with both small business leaders and executives of mid-market firms, making him well-placed to handle complex employment law matters.
If you believe your employer dismissed you unfairly, you may be able to bring a claim for unfair dismissal.
Reading up on the basics of employment law can help you learn more about your rights. Get started with our library of easy-to-read articles and guides.
If you think someone at your employer’s company is treating you unfairly, HR can be a good place to start. A good HR department will prioritise the well-being and happiness of employees, and can help you resolve issues without contacting a lawyer through practices like mediation.
If you’re being treated unfairly by a senior executive or the owner of a company, though, or if HR has previously failed to help you, getting the advice of an experienced employment lawyer is a good idea. You are under no obligation to tell HR that you are talking to a lawyer – every Australian has the right to independent legal representation. If HR or your employer is telling you that hiring a lawyer will have adverse consequences of any kind, they may be committing coercion.
Your lawyer can help represent you at formal and informal discussions with your employer, and can provide independent, expert advice about your options and your rights.
If you’re being mistreated at work, a good first step can be to talk to your supervisor, your manager, or an HR representative. Often, though, other staff might not want or be able to take necessary action – especially if you’re being mistreated by the business owner or a senior executive.
If that’s the case, seek the advice of an employment lawyer as quickly as possible. They can help you explore your options, which can include informal steps like mediation, as well as formal actions like contacting the Fair Work Commission, the Fair Work Ombudsman, and the Australian Human Rights Commission.
You may also be entitled to compensation and/or damages if the mistreatment has resulted in financial loss, like being unfairly passed over for promotion or being paid less than you’re entitled to. To prevent further harm being inflicted while your case moves forward – for example, to stop your employer from firing you – your lawyer can also seek injunctions on your behalf.
Emotional, social, verbal and psychological abuse are all forms of non-physical workplace bullying. Bullying is when a person or a group of people repeatedly behave unreasonably towards someone else in a way that is likely to impact health and safety (which includes mental health).
Non-physical bullying can include:
Keep in mind that performance-related actions (like demotion, firing, or transfers) are not bullying if the person doing them is acting reasonably.
A single-interest enterprise agreement is an agreement between an employer and some or all of its employees that is covered by the Fair Work Act 2009 (Cth). Although modern awards already set out minimum workplace standards, an enterprise agreement can supersede those standards. This means workers can use enterprise agreements to increase their wages and improve their working conditions.
Unions are often involved in helping employees form enterprise agreements. In some cases, two employers who are in a common enterprise, are in a joint venture, or are related corporations can also make a single-interest enterprise agreement.
Multi-enterprise agreements (MEAs) are made between multiple enterprises (usually in the same industry) and their employees. A union entitled to represent employees covered by a proposed MEA can apply for a low-paid authorisation. If granted, any employers specified in the authorisation must bargain in good faith and give their employees notice of employee representational rights.
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