What is employment law?
Employment law in the most basic terms is the legal and regulatory system surrounding job entitlements, dismissal, engagement and other aspects of employment. In Australia, there are a very complicated set of laws and regulations which govern employment. There are a series of state and federal awards which need to be observed depending on the type of industry where employment is occurring and the types of jobs which are being performed. There are also pieces of state and federal legislation which have a bearing on the way that employers engage employees, treat people while they are at work and how they must treat them after employment ends or the process of dismissal. Employment is one of the most important aspects of a person’s life because the ability to make a living is one of the most important things which can impact their ability to support their lifestyle and those in the community around them.
The most common things that we find are contentious in relation to employment laws is dismissal. In Australia, there is the law of unlawful dismissal and the law of unlawful dismissal. Unlawful dismissal occurs when a person is dismissed on the basis of their race, sexual orientation, religion, age, gender or other characteristic over which they have no control and which has no impact on their ability to do their job. Unlawful dismissal can also occur when there is not appropriate notice given. Unfair dismissal occurs when it is unreasonably harsh or unjust (which is an incredibly broad and indistinct term). It is necessary to show that there was no justifiable reason for the dismissal. Some of the other inquires we receive in relation to employment law are redundancy entitlements, severance pay and other questions relating to the lawful authority of employers to make decisions in relation to the employment of their staff. If you have a question about employment laws, you can chat to a lawyer online on our site here or leave you inquiry in the contact form. You can also place you question in the question box below if you would like an immediate response.