Whether you are an employer or an employee, work occupies a considerable part of your life. However, if any issues come up at work resulting in a lawsuit, it is crucial to choose the right person who will help you deal with the situation. An employment lawyer is a person to represent you in a lawsuit but sometimes hiring employment may prove to be challenging for you. The following post will let you know about things you should know when hiring an employment lawyer.
• If your employment lawyer has enough experience?
You should be aware of the fact that employment law in Australia is a complicated area involving various legal aspects. You should hire an Employment Lawyers Perth who is particularly familiar with Fair Worm Commission and the Fair Work Act 2009 (Cth) (‘Fair Work Act’). They must be knowledgeable about important case laws and the decisions that have been made in recent times because such decisions may have an effect on their recommendations.
Let’s take an example. Being an employee you wish to have advice regarding the encashment of your annual leave because the Fair Work Commission permits leave encashment based on an agreement between the employer and the employee. However, in 2015 new clauses were added to the majority of awards stating that both the employer and employee need to meet during annual leave encashment. Your employment lawyer needs to be aware of these things otherwise they may end up with incorrect advice.
• Does your employment lawyer cater to specific requirements?
Since the requirements of employer and employee are quite different, it is necessary to hire Civil Lawyers Perth WA who knows the difference and advise accordingly.
For instance, one of your employees wishes to start his/her business in the same line as yours. In such a situation, your employee would seek advice from an employment lawyer regarding how the Restraint of Trade clause mentioned in the employment agreement can impact their decision. Information like if such decisions are rationale or if it can hold them back from starting the business is useful for the employee. On the other hand, as an employer, you would need different advice i.e. how the Restraint of Trade clause can be implemented.
• Is your employment lawyer considerate and trustworthy?
When there is a disagreement between an employer and an employee, it makes an emotional impact. When you choose an employment lawyer, make sure that they are considerate and can settle the dispute without going to court.
For instance, if you are being bullied by your coworkers at work and you need employment law advice Perth regarding the actions you can take, an employment lawyer can help. They advise you on the best option after taking into account the emotional aspect. Alternatively, you can submit an application to the Fair Work Commission so that bullying is stopped. The commission brings you and your employer in one place to solve the problem.
• Whether your employment lawyer offers free initial consultation?
When choosing an employment lawyer, you should find out whether your employment lawyer offers free initial consultation. The initial consultation helps to find out the options you may be eligible for.
For instance, imagine a situation where you have been terminated by your employer. As a step against your employer, you have decided to go for a claim for unfair dismissal. Also, assume that one month has passed away since your termination came into effect and your salary is $200,000 per annum. In this particular case, you don’t meet the eligibility criteria to make claims for being dismissed. If you come to know about this in the very first consultation with your employment lawyer, there is no need to prepare an application to be submitted to the Fair
Work Commission and also not pay for it. This is how complimentary initial consultations can save your time and money.
• Whether your employment lawyer works on a fixed fee basis?
While choosing an employment lawyer, you should see that they propose fixed fees and they clearly specify their scope of work. This will help you to know about the services that you can expect from them.
Suppose you are about to start a new business where you want to pay your employees on a commission basis. It is necessary to be cost-conscious when starting a new business and fixed fees will enable you to stay within the budget. When you know about the scope of work that is being offered against fixed fees, you can rest assured that you will get the necessary advice to protect your startup business.
If you are looking for employment lawyers with the abovementioned qualities, civil lawyers Perth will suit you best. They have several years of experience in employment law and have awards and testimonials to their credit.