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Fair Process
Your Employer MUST follow a fair process. This involves having a proper investigation and giving you a genuine opportunity to challenge any allegations made against you. If you have been dismissed without any warning and out of the blue, chances are you have been unfairly dismissed.
1.Get the Facts First!
Your Employer cannot dismiss you without a valid reason. Employers often make unjustified allegations of misconduct or poor performance without evidence or proof and if you have been dismissed but there was no valid reason for your dismissal, you are entitled to seek reinstatement and or compensation
Who Is Gorval Lynch ?
First and foremost, We are qualified lawyers. Unlike many of our competitors who call themselves industrial advocates or employment consultants, only admitted legal practitioners are entitled to represent you in Court and this is why it is critical that you select the correct representative to represent you in your matter.
Australia has one of the most complex employment set of laws in the world, you need to be able to confidently navigate Modern Awards, determine Fair Work Coverage, consider state legislation and many other jurisdictional issues all in a very limited time because many claims have Strict Time Limits.
At Gorval Lynch we have represented thousands of employees and employers and have come across almost every issue which is why we can give you quick, honest and accurate advice and effective legal representation.
Importantly, if you are required to go to Court to defend or protect your rights, you can be assured that we will represent and support you every step of the way.
contact us today to find out more about your options with our No Win No Fee Representation policy.
Top 3 Tips When Dealing with HR
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Don't delay. You only have a 21 days to file a claim
Nancy Zou
Merna Aziz
SOLICITOR
MATTHEW LYNCH
Our Lawyers
SERGE GORVAL
- Have you been dismissed or are facing issues with your employer ?
What a lot of HR representatives won't ever tell you is that Australia has some of the most protective and robust workplace laws that support Aussie workers.
Unfortunately it is a complete minefield to navigate and many employees simply do not know their rights and where they stand when it comes to resolving workplace disputes and grievances.
If you have been threatened with dismissal, performance management or a redundancy here are 3 must know tips that HR won't tell you.
- Remember that your employer has the benefit of setting the pace and agenda in the workplace. This applies to creating workplace policies, contracts and a dedicated HR working for the Employer. When you receive an email in your inbox or an approach from your supervisor or HR representative inviting you to a catch up or unplanned meeting that is happening in 24 hours and without an agenda, your alarms should be raised.
Remember, you just received notice for something that the Employer has been planning for weeks and this puts you at an immediate disadvantage. Do not for a second think that you are playing on an equal footing here so for that reason if you are asked to attend an unplanned meeting, the very first thing you should do is get yourself more time to get advice.
If you need a reason to delay the meeting, you have a right to bring a support person with you, if the meeting relates to a misconduct issue, your employer will typically refuse for your colleague to attend so you may need additional time to arrange a support person.
- We lost count on the number of times that an employee contacts us after they had walked out from a meeting with their employer to get some legal advice about what just had happened for us to tell them that their case was exceptionally strong until they made damming admissions against themselves.
Always remember that you will be at a disadvantage when you enter that first meeting. The employer has had weeks to speak to lawyers, collect statements, review computer systems and company records before they invite you in. Even where you are 100% certain that did not do anything wrong, the nerves and unpleasantness of the meeting itself can often make it hard for you to explain your position or turn of events. - This not only applies to a disciplinary or misconduct investigations; for example when an employer is exploring potential redundancies, its' not uncommon to meet with multiple people at once and test who would be most agreeable with a redundancy.
When you are invited to attend a meeting, it should be your role to play investigator, you should listen, take notes and not respond to anything until you have had the chance to get legal advice.
If you are accused of wrongdoing, instead of giving an immediate and detailed exoneration to justify your position, you should carefully listen to each of the allegations and what the employer is accusing you of having done or not done and then respond advising that you would like each of the allegations in writing so that you can carefully respond to each issue given the seriousness of the matter. The same applies to any workplace meeting, ask for minutes of the meeting especially if the meeting is long or complex, it is often better to have an agreed record of account if you need to rely on the meeting months down the line.
You are under no obligation to respond immediately at any meeting and you have every right to obtain legal advice before you respond.
3.Get Legal Advice Quickly
This is self-explanatory. Australian Workplace Laws are complex and there are over 120 Modern Awards, depending on your employer, different state and federal laws will apply to you including your salary, size of your employer and length of service all play a vital role in the protections you have. It goes without saying that the most effectively thing you can do for yourself is to speak to a qualified lawyer.
Early legal involvement can often resolve the dispute in your favour. remember that only qualified lawyers can represent you in Court in legal proceedings so its in your interest to be represented by a lawyer straight at the start. This lets you build a trusting relationship with your solicitor and will put you in considerable advantage when you look at resolving your dispute.
3.Get Legal Advice Quickly !
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