Executives Directors Managers South Australia - Adelaide Employment Law Solicitors (SA)

Our Adelaide & South Australia employment law solicitors deal with cases on behalf of employers. We are usually instructed by executives, directors and senior managers to represent a business in defence of claims brought by employees. There is a small number of employers in South Australia who will represent themselves in hearings before Fair Work Australia and before the Australian Human Rights Commision however most chose to be legally represented. In all cases, an employer is at a disadvantage and should always seek out expert representation from a specialist SA employment law solicitor especially in cases involving racial or sexual discrimination, victimisation or harassment where financial awards can be substantial.

Unfair Dismissal

There must be fair and reasonable cause for termination of employment in South Australia . In most cases, except those which involve very offensive behaviour, warnings must be issued to the offender prior to dismissal. There are five main grounds for a fair dismissal :-

unacceptable conduct
inability to perform defined duties
redundancy
illegality
any other substantial reason

Constructive Dismissal

Constructive dismissal is termination due to breach of the employment contract by the employer. This type of dismissal is the result of unacceptable employer behaviour which neutralises any contract of employment and effectively forces the employee to resign.

Redundancy

If a business closes or if there is a reduced need for workers then redundancy occurs where the employer does not need anyone to carry out the work. An employee may be entitled to compensation.

Race Discrimination

Employees who are discriminated against on the grounds of race, colour, descent or national or ethnic origin are protected by substantial legislation.

Sex Discrimination & Harassment

Employees are protected against sexual discrimination, sexual harassment and victimization in the workplace.

Statutory Protection

A specialist employment law solicitor in South Australia has a particularly difficult job due to the constant fluctuation of the interpretation of legislation by case law. The legislation giving statutory protection to SA employees includes :-

Racial Discrimination Act 1975
Sex Discrimination Act 1984
Disability Discrimination Act 1992
Age Discrimination Act 2004
Human Rights and Equal Opportunity Commission Act 1986
Fair Work Act 2009
Workplace Relations Act 1996

Free Legal Advice

Our specialist litigation solicitors in Adelaide & South Australia have the experience and resources necessary to act on behalf of executives, directors and senior managers representing the interests of a business at an employment hearing. Our SA lawyers offer free initial advice about whether you have a case or not. You will be given clear, unequivocal advice about your chances of success. If after talking to us you wish to proceed no further you will be under no obligation and you will not be charged anything for the initial consultation.