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Adelaide & South Australia Executive Employment Law Solicitors SA
Our specialist executive employment law solicitors in Adelaide & South Australia deal with executive rights relating to SA employment matters with a particular emphasis on unfair dismissal and unlawful dismissal. Whilst some executives will be protected by the Fair Work Act 2009, most will not be able to avail themselves of the legislation due to salary caps which will preclude all but the most junior executives. Our employment lawyers in South Australia have detailed experience in offering legal counsel on executive rights and provide initial advice over the telephone at no cost and with no obligation. To speak to a specialist executive employment law solicitor in Adelaide just complete the contact form, email our offices or use the helpline.
Contracts of Employment
In addition to dealing with wrongful dismissal our executive employment law solicitors in South Australia provide legal advice on executive rights relating to contracts of employment including advice prior to taking up an offer of employment and subsequent advice on the interpretation of clauses within the employment contract either during the currency of employment or after termination. We have a particular interest in matters relating to employers who seek to introduce new contracts or who unilaterally impose changes to existing contracts of employment which are almost always not in the favour off the executive who may feel pressured into agreeing less than favourable terms that are often disguised as part of a package that apparently gives benefits that are often either short term or completely worthless. If you have been presented with an agreement containing fundamental changes that is unfair or is not subject to consultation and negotiation you should take urgent legal advice.
Our Adelaide executive employment law solicitors deal with all matters relating to unlawful termination of employment. Australian law classifies wrongful dismissal as either unfair or unlawful :-
Unfair Dismissal (SA) is an unlawful act that occurs when the termination of employment is harsh, unjust or unreasonable which may also applies in the case of constructive dismissal which occurs when an employers behaviour is inconsistent with employment to the extent that the employee has no other alternative than to terminate employment. Unfair dismissal justifies an application for compensation or reinstatement.
Unlawful Dismissal (SA) is an unlawful act that occurs when the termination of employment is based on unacceptable reasons that are outlined in the Workplace Relations Act 1996 including decisions based on trade union membership, family responsibilities, pregnancy, marital status, temporary absence from work due to illness and for discriminatory reasons such as gender, age and race or nationality. Unlawful dismissal justifies an application for compensation or reinstatement.
Our executive employment law solicitors in Adelaide & South Australia provide legal advice on redundancy including sham redundancy whereby an employer may mask wrongful termination as redundancy in order to secure a financial advantage. It is often the case that an employee will receive a more generous financial settlement in the event of wrongful dismissal rather than redundancy which unfortunately encourages some employers to allege the existence of a redundancy situation where non in fact exists. Redundancy in South Australia is defined as the situation that exists when an employee is no longer require for work because the employer no longer needs the job doing by anyone and it is only at a later date, after dismissal, that most employees realise that they have been the victim of wrongful termination dressed up to look like a redundancy. Our Adelaide executive employment law solicitors will take your instructions, examine the facts and investigate the issues with a view to taking legal proceedings for wrongful termination if there has been a sham redundancy.
Our Adelaide executive employment law solicitors deal with applications under the Fair Work Act 2009 and give advice on common law rights, contractual terms and unlawful dismissal which relates to failure to comply with the Workplace Relations Act 1996 including decisions based on trade union membership, family responsibilities, pregnancy, marital status, temporary absence from work due to illness and for discriminatory reasons such as gender, age and race or nationality. If you would like free advice in Adelaide & South Australia just complete the contact form, or email our offices or use the helpline. Our executive employment law solicitors offer free initial advice without further obligation.