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Wednesday, 26 February 2014

Unfair times ... unfair dismissal

Unfair dismissal

If you think that you have been unfairly dismissed by your former employer, it may be possible to commence unfair dismissal proceedings in the NSW Industrial Relations Commission. 

Dismissal may include threatened dismissal.
Who may lodge a claim?
  • employees of private sector employers if dismissed after 1 January 2010
  • apprentices or trainees;
  • independent contractors;
  • employees on a 3 month probation period if determined in advance;
  • some casual employees;
  • employees on contracts of employment for a specified period of time less than 6 months;
  • employees engaged under a contract of employment for a specific task.

What can the Industrial Relations Commission do?

Where the Commission upholds a claim, it may order an employer to:
  • reinstate the employee to their former position;
  • re-employ the employee in another position that the employer has available;
  • provide back pay and other entitlements owing from the time of the dismissal, where reinstatement or re-employment is ordered;
  • compensate the employee by ordering payment of an amount not exceeding the remuneration of the employee during the six months before the dismissal, where reinstatement or re-employment is considered impracticable;
  • not dismiss the employee, where dismissal has been threatened.
If you know someone who has been unfairly dismissed or want more information about this, contact us at

E: info@gandblawyers.com.au
M: 0481 287 528
W: www.gandblawyers.com.au

Monday, 24 February 2014

Have you ever been bullied?

With the recent death over the weekend of Sydney celebrity Charlotte Dawson (who had a well publicised battle with depression and long time crusader of bullying), the issue of bullying is back under the spot-light, and for all the wrong reasons.

Bullying is common and with the increase reliance of social media, easily accessible.

Did you know that in 2012, 80% of the 2,500 suicides that year involved bullying? And in that same year, a Commonwealth government survey found that 17% of all employees had experienced bullying? 

The financial implications of bullying are equally shocking, the government estimates that the costs of bullying on the economy and business is $6 billion per year (think lost productivity, sick leave and litigation etc).

So what is bullying in a legal sense?

Bullying is defined as the "repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety".

The 'repeated behaviours' must be persistent.

The 'unreasonable behaviour' must be where a reasonable person in all the circumstances would view it as unreasonable.

'Health and safety' also means the psychological health of the worker.

The bullying may also be intentional or unintentional and carried out via social media.

Sadly, bullying is all too common.

Don't sit back and ignore workplace bullying if you are a victim or know someone who is or has experienced workplace bullying.

For more information, contact us at G&B Lawyers
E: info@gandblawyers.com.au
M: 0481 287 528
W: www.gandblawyers.com.au

Sunday, 23 February 2014

The smart choice for your legal needs ... G&B lawyers

G&B Lawyers open for business ...

Welcome to office of G&B Lawyers - a fully mobile, efficient and affordable Sydney based legal team offering bespoke legal services in the following areas:

  • Property & major projects
  • Employment law
  • Planning law
  • Estate law
  • Environmental law
  • Corporate law
  • Financial services law
  • Litigation
  • Building & construction law
Why do you need to pay for rent and expensive overheads where the lawyer sits in an office all day long? Why not pay for legal services where the lawyer is a mobile service provider and they come to you? 

That way, the costs are reduced and you save fees in the long run! 

It just makes sense, don't pay for huge overheads. 

In need of a good lawyer? 

Call G&B Lawyers ...

E: info@gandblawyers.com.au
W: www.gandblawyers.com.au
M: 0481 287 528