Workplace dispute resolution – Engage an employment law team
Know all about workplace dispute resolution. Limit litigation. Handle unfair dismissal claims, workplace discrimination, general protection claims.
The workplace can be a hotbed for disagreements and internal conflict.
Workplace relationships are under tremendous strain. Factors like diversity and inclusion, psychosocial hazards, excessive workloads, poor communications or unclear expectations, and constant change can to stress and conflicts. From contract disputes to workplace discrimination, these issues can take a heavy toll on businesses in terms of reduced productivity, low employee morale, higher rates of absenteeism, and employee turnover and challenges for attracting top employee talent. For the victims of wrongful actions like harassment, discrimination, and bullying the personal cost can be incalculable.
It is essential to address workplace disputes promptly and to obtain legal assistance as soon as an incident occurs.
Strategies to Pre-Empt & Manage Workplace Disputes
There are a number of steps employers can take to pre-empt and manage employee or workplace disputes so they don't escalate and result in legal action.
Lay The Ground Work With Clear Policies & Procedures
It's best practice to be meticulous about having clear, unambiguous workplace policies and procedures, ensuring that documents are jargon-free and written in plain English so employees will have no doubt about their rights and obligations and those of the employer. This strategy will limit room for arguments should any disputes arise.
These policies should cover all aspects of employment and include conflict resolution clauses so employees understand how conflicts will be resolved. Just as important is to regularly communicate these policies and procedures to all employees.
Establish Clearly Defined Roles
Establishing clear roles within teams and throughout the organisation ensures everyone understands their key responsibilities and reporting lines as well as those of their co-workers. This supports a transparent workplace where employees are not only cognisant of their own roles, responsibilities, and goals within the team, department, and organisation but also those of their co-workers.
Document Everything
Once a dispute has arisen, thorough and accurate documentation of all communication, meetings, and actions taken to resolve the issue can prove crucial should the case escalate. In many cases, a court’s final decision may be influenced by the existence, or absence, of written documentation related to the specifics of the matter.
Typical Workplace Disputes
Employment laws in Australia are complicated, with the Fair Work Act 2009 being the primary federal legislation governing employment in Australia and additional legislation applying to each state and territory. Compliance with Australian employment laws can be perplexing for business owners and, despite policies and other measures to minimise the risk of legal claims, workplace disputes still surface. Below we highlight some of the claims Law Squared employment law and workplace relations team specialises in.
Unfair Dismissal
Unfair dismissal claims are not uncommon in Australia, and tend to require specialist employment law advice beyond the generalist skills of either the in-house legal or People + Culture teams. There are two reasons for this; firstly, the laws governing dismissals are complex and secondly, human nature, emotions, and different perspectives are at play, complicating matters further. It is not always immediately or obviously clear whether a dismissal was harsh, unjust, or unreasonable according to the Fair Work Act 2009.
When considering termination of an employment agreement, whatever the reason, employers are best protected by consulting specialist employment lawyers before taking action. Should a case of unfair dismissal be lodged, employers should obtain legal advice immediately.
In the case of an employee who feels they were unfairly dismissed, a claim for unfair dismissal must be lodged within 21 days from the date of dismissal. Employers must ensure all employees are aware of this time limit.
General Protection Claims
Australian workplace rights are designed to protect the rights of employees to fair treatment, safety, and equal opportunity. Incorporated in the Fair Work Act 2009, workplace rights are a very broad concept in Australian law and can lead to a slew of general protection claims.
The provisions of the act aim to protect employee workplace rights:
Against coercion, intimidation, and misrepresentation
Against sham contracting
Provide for freedom of association
Against discrimination at work
The law entitles employees to compensation if discriminated against, victimised, or otherwise treated unfairly at work, which can be enormously costly for employers in damages and legal costs, as well as reputational damage. General protection claims can also be made to seek damages for unfair, dismissal, demotion, or reduction in pay.
Understanding what exactly constitutes a general protection claim requires the expertise of lawyers experienced in Australian employment laws.
Bullying & Harassment
In Australia, the culture of workplace bullying and harassment is worryingly endemic. According to the 2021 Lloyd’s Register Foundation World Risk Poll of 121 countries, Australia has the highest level of violence and bullying within the workplace, with nearly half of workers (49%) experiencing workplace violence and harassment in their lifetime. The world average is 21%.
Covered under new psychosocial provisions, these unlawful acts take a heavy toll on individuals in the form of physical and psychological consequences and on workplaces in the form of absenteeism, presenteeism (present while sick), loss of productivity, and high turnover rates.
It's incumbent upon workplaces to protect employees against psychosocial hazards as far as possible by having unambiguous policies in place that are clearly and regularly communicated.
It is not always clear what behaviour or cumulative set of behaviours constitute bullying or harassment, or other psychosocial hazard, which can add to challenge of navigating these cases. Add to this the emotional and psychological fallout for all parties involved, and you have a situation with far-reaching consequences most workplaces are not equipped to tackle without the support of legal counsel.
How Law Squared Can Support Your Business
Employment laws in Australia are intricate and differ significantly from other jurisdictions, making the services of a law firm with employment law expertise indispensable for employers. Our Employment lawyers work with large corporates, listed entities, not-for-profits and businesses expanding to Australia to ensure compliance, minimise legal risks, and provide legal advice on the best course of action in any workplace claim situation.
Our employment lawyers work with employers, covering the employee lifecycle from hiring and management, through to exit. Our experience includes developing workplace policies, enterprise bargaining agreements, workplace investigations, unfair dismissal claims, general protection claims, discrimination, bullying & harassment claims, hiring & firing, and litigation. We work with clients across a spectrum of industries to navigate Australia’s strong employment protection regime.
Conclusion
We live in a time of significant technological and social change, which has both benefited and complicated society in general and human relationships in particular. These changes have bled into the workplace, leading to laws that govern employer and employee behaviour on issues that did not exist or were not recognised in the past – including protection of personal information, psychosocial hazards and use of artificial intelligence in the workplace amongst many others.
All of this means that access to legal expertise has become essential to running companies, public enterprises, and businesses of all sizes.
Law Squared's team of employment law specialists is here to help employers navigate the complexities of employee management and workplace disputes, ensuring businesses remain compliant and protected. Available to assist on ad hoc, or retained basis, our employment team work exclusively on a fixed-fee basis to provide total cost certainty for organisations seeking assistance with all employment law matters covering hiring, management and termination of employees.
You described LSaaS accurately, but employment law isn’t really offered on that model as such - LSaaS tends to be more around commercial issues which help unlock the in-house team. Employment always is often delivered to People + Culture teams.
