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Level 4, 179 Queen Street
Melbourne Vic 3000

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(03) 9642 0435

Employment Law

Whether you represent an ASX listed company, are an executive or non-executive employee or an independent contractor, Paul Horvath Solicitor's has the extensive expertise in Victorian Employment Law you need to achieve the best possible outcomes.

We can advise you on the full range legal areas under the employment law umbrella including advice for employers, advice for employees, redundancy, unfair dismissal, workplace bullying and harassment, employment contracts and non-competition (also known as Restraint of Trade) clauses.

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Redundancy is one of the hardest things for an individual to face and one of the most difficult business decisions to make.

If you have been made redundant, it’s important to realise this termination is not linked to your work performance. And you should also know that your entitlements are different to those dismissed under normal circumstances.
If you have been dismissed from work harshly, unjustly or unreasonably you may have grounds to make a claim for unfair dismissal.

Paul Horvath Solicitor's has extensive experience in providing legal representation for unfair and wrongful dismissal cases in the County Court, Magistrates’ Courts of Victoria and the Fair Work Commission.
Bullying and harassment in the workplace is unacceptable. If you are a victim of bullying and harassment, it has the potential to damage your career, health and peace of mind.

Bullying at work occurs when a person or a group of people are repeatedly and unreasonably treated, and this creates a risk to health and safety.

Every person who participates in the workplace has the right to be treated with respect and fairness in an environment that is safe. Discrimination, Harassment & Bullying are damaging to everyone concerned as well as to the workplace itself.

Bullying is a form of harassment and can be defined as repeated unreasonable behaviour that is directed toward a person, or a group of people and creates a risk to health and safety.
The term ‘Discrimination’ refers to situations where a person (or group) is treated unfairly or not as well as others because of a specific characteristic (such as age, gender, disability, race or religion).

Discrimination can be direct or indirect. Direct discrimination is when someone is treated unfairly / unfavorable because of a certain attribute. For example, if a person of a particular race was not allowed to join a club, it could be direct discrimination.

Indirect discrimination occurs where there is some requirement or condition (that is not reasonable in the circumstances) that appears to be the same for everyone but actually disadvantages people with certain protected attributes more than it disadvantages people without those attributes. For example, an advertisement for volunteers at a club may require that all volunteers can speak and read English fluently. This could disadvantage a person because of their race. Whether or not it is discrimination will depend on whether it is reasonable and necessary for a volunteer to be able to speak English to perform the duties.
Executive employees can also experience wrongful termination, redundancy or disputes about their entitlements regardless of their experience or level of seniority.

Most executive employees are not able to access statutory remedies for unfair dismissal under the Fair Work Act 2009 (Cth). You may feel hopeless or as though you have no recourse. However, our specialised team is able to provide legal advice and representation to executive employees for a range of topics.

We help executives who have been, or are facing a dismissal.
Drafting or signing an employment contract is serious business.
If you are an employer, it provides an opportunity to clearly outline the boundaries and expectations you have of your employees.
Workplace investigations can be a stressful time for employees and employers alike. It is important to understand the process involved and the rights that you have when participating in a workplace investigation. As an employer, it is vital to understand the notion of procedural fairness and best practice for conducting workplace investigations in accordance with the Fair Work legislation.

We can assist in conducting workplace investigations, as well as assisting and advising employees throughout an investigation.