Employment, OH&S, and Industrial Law

Employment and Industrial Law has in recent years become a very complex and an increasingly litigious area of the law. This trend creates a challenge to employers in the management of their employee's from both an industrial relations and risk management perspective.

White Barnes recognises this trend and the consequential need to make available to our clients professional expertise in the area of Employment Law.

We are committed to the continuous development of our Accredited Specialist Employment Law practice. This area of law of is headed by Michael Barnes, Partner, who is an accredited specialist and has considerable expertise and in all areas associated with Employment and Industrial law.

The Employer / Employee Relationship and the Contract of Employment

Employers and employees who are considering commencing a new employment relationship often overlook the importance of seeking legal advice about the terms and conditions (both express and implied) associated in this everyday relationship.

Some foresight in obtaining legal advice before the contract is finalised can avoid misinterpretation and confusion either in the performance of the contract or at its termination.

White Barnes can assist both employers and employees in reviewing employment contracts and providing timely advice, with a view to minimising the potential for confusion or disputes arising from the contract (and potentially avoiding costly litigation associated with such disputes).

Risk Management

This is becoming more and more an area of concern for employers and at White Barnes we can only stress that precaution and prevention is far better than claims and litigation. It is important that employers consider their position and seek advice on conditions of employment and industrial policy including Occupational Health and Safety, Equal Employment Opportunity and grievance procedure.

White Barnes offers recommendations on any disciplinary and/or managerial action which can be (and ideally should be) discussed prior to that action being implemented to minimise the potential exposure to litigation.

Risk Management should also be considered from an Occupational Health and Safety perspective and again White Barnes has experience in assisting employers and employees in the workplace in trying to establish a safer and more productive work environment.

Employee Relations

Employment relationships impact on most peoples lives everyday. These relationships are governed by a complex array of contracts, legislation, awards and various registered agreements under State and Federal jurisdictions. Consequently it can be a difficult process to ascertain all of the applicable law in a particular employment situation. Michael Barnes has extensive experience in Employment and Industrial Relations and has acted on behalf of employees and employers providing representation and advice on a wide range of matters which directly impact upon employee relations.

White Barnes can assist employers in considering the circumstances of dismissals, variation of contracts of employment by providing advice to employees and employers who are experiencing difficulty with their employment relationships. We also provide advice with a view to assisting the parties in reaching a solution including advising on any disciplinary and/or managerial action and arranging any necessary services for alternative dispute resolution for instance.

Unfair Dismissal

White Barnes represents and advises clients in respect of actions and in both State and Federal jurisdictions.

White Barnes has vast experience in representing both employers, employees and trade unions in unfair dismissal claims and unlawful termination claims. This area is continually evolving and developing through the decisions of the Industrial Relations Commission at the State & Federal level and there has been considerable change to legislation at both the State and Federal level in both juridictions.

White Barnes is in an ideal position to be able to assist both employers and/or employees in dispute resolution, litigation and advising in this area.

Unfair Contracts

Section 106 (unfair contracts) of the Industrial Relations Act was the subject of a dramatic increase in the number of actions brought before the Industrial Relations Commission. It is a dynamic area of law which continues to be re-defined. Its role, however, has been significantly restricted by recent Federal legislation.

White Barnes has significant and real experience in dealing with unfair contracts claims for both employers and employees.

Awards and Enterprise Agreements

At White Barnes we represent and advise in negotiating and drafting Award and Enterprise Agreements. Additionally, we are involved in the advising of the interpretation of such documents.

Workplace Discrimination

We have acted and appeared in numerous matters before the Administrative Decisions Tribunal, The Human Rights and Equal Opportunity Commission and the Anti- Discrimination Board in respect of matters such as sexual harassment, disability discrimination, racial discrimination and vilification, bullying and discrimination on the grounds of sex and gender.

You can be confident that such matters will be handled discreetly and professionally.

Reinstatement of Injured Workers

Employers have statutory obligations to ensure that if a worker is terminated as a result of his incapacity for employment, appropriate steps are taken to notify the worker of their potential to return to work in accordance with the Act.

Again this is an area of Industrial Relations Law in which litigation is on the increase. White Barnes is in an ideal position to be able to assist both employers and employees and provide comprehensive advice as to the rights and obligations of each in this area.

Statutory Entitlements

White Barnes is available to advise employers and employees about the benefits that employees are entitled to following termination of employment in accordance with relevant legislation.

Occupational Health and Safety

White Barnes is often called upon to advise and appear in matters pertaining to Occupational Health and Safety legislation. We have assisted WorkCover in WorkCover prosecutions and we have also assisted employer organisations to ensure that they comply with workplace safety legislation in New South Wales.

The requirements pursuant to the Occupational Health and Safety Act 2000 demand a more consultative and pro-active approach from employers in order to ensure compliance with statutory obligations.

There has been an increase in financial commitment from the State Government to the resourcing of the Occupational Health and Safety arm of the WorkCover authority including an increase in the size of the WorkCover Authority inspectorate. These changes have resulted in an increasing requirement of employers and others for sound legal advice in relation to the workplace safety obligations.

White Barnes provides straightforward advice on conditions of employment and industrial policy and can assist you with necessary referrals to ensure that you comply with the Act.

Liability limited by a scheme approved under the Professional Standards Legislation.