Workplace Law & Unfair Dismissals, Resolve Your Problems Today
What does this mean? The article is setting out the new dispute resolution process that’s been announced. Also it points out the serious need to avoid ligation. However it the same time protecting your rights in the workplace. Workplace law and unfair dismissals is very broad, i’m trying to add to the discussion wothout being just another boring aricle on how to lodge a calim. And how the world is wrong.
Finding cheaper, better ways forward
Workplace Law & Unfair Dismissals, Resolve Your Problems Today. THOSE embroiled in legal action will now have to make all efforts to resolve disputes before heading to court. Thanks to new workplace law introduced today. Attorney-General, Robert McClelland, has introduced legislation requiring people to take genuine steps to resolve their legal disputes before going to court in a bid to improve access to justice.
“Access to justice is not just about access to a court or a lawyer, it is about providing practical, affordable and easily understood information and options to help people prevent or resolve their disputes” McClelland said. The Civil Dispute Resolution Bill 2020 will require prospective litigants to lodge a statement with the court. Detailing what steps they have taken to resolve their dispute or, if they haven’t, the reasons why.
The statement will also provide additional information that the court can consider when making orders and directions under its existing case management and costs powers.
It’s About Resolution
Workplace Law & Unfair Dismissals, Resolve Your Problems Today. According to the new legislation in workplace laws, genuine steps to resolve a dispute include exchanging information between parties to more clearly identify the issues in dispute, or considering possible resolution through mediation or conciliation.
Litigants can also send a notice of dispute outlining the issues and referencing relevant information, or agree to participate in negotiations when initiating legal proceedings. “These requirements will promote a move away from the adversarial culture of litigation by encouraging parties and lawyers to consider early options for resolution outside the courts, before significant costs are incurred,” McClelland said today.
The Bill implements key recommendations of the National Alternative Dispute Resolution Advisory Council (NADRAC) and complements the active case management powers introduced in the Federal Court last year to promote the timely, inexpensive and efficient resolution of disputes, the Attorney said in a statement today. There are few things Employers dread more than litigation. Even petty cases have a way of damaging relationships, tarnishing reputations, and eating up enormous sums of money, time, and talent. Most Employers know that lawsuits are steadily increasing. Smart Employers know that they are also increasingly avoidable.
Win-win solutions
There are now many alternatives to litigation that can nip lawsuits in the bud, resolve long-standing disputes, and even produce win-win solutions to old and bitter fights that would otherwise only leave both sides damaged. There is a skill to resolving claims is to get what you want. Usually no body is happy, its always about compromise.
The measures are in keeping with the federal government’s “Strategic Framework for Access to Justice” targeting better access to justice.
The reason these measures are being introduced, is the out of control legal fees, that are beyond the reach of the average Australian. Allot of lawyers are trained to defeat the other side, not necessarily resolve matters in the first instance, its in their training, their DNA, nothing wrong with that if that, if that’s what’s required. However in workplace disputes, dismissals, workplace rights, its about resolution, getting back to work, or moving on.
Dispute resolution has been common place in other areas of the law, such as family law, for a long time now. It is unsurprising to see the new legislation implemented. We are highly experienced in this area and obtain the most optimal outcomes for the employees we represent. Contact us for a free consultation.
The idea is to get the outcome you want as soon as possible,
avoid in many cases huge legal fees and get on with your life. Its not always that easy, but this must be the focus, the goal. There is a serious skill to resolution. Any body “can attack” the other side, but then will they settle is the question.
We are finding in 2022, with the pandemic. Lockdowns, that many employers are wanting to have an approach of earlier intervention, in issues in the workplace. Previously it seems a particular approach of look let’s see if the employee takes us to the Fair work Commission, or court and we’ll deal with it then, priorities seemed to have changed.
Workplace investigations enquiries
This is reflected in the amount of enquiries regarding workplace investigations issues. Stand downs, suspensions, etc., Workplace investigations can be good or bad. My experience is it rarely ends up in a draw. Where the Employers thinks “look I don’t who’s at fault, I don’t know what’s going on, so everybody just go back to work”. A decision has to be made, the Employer has to demonstrate to its employees, stakeholders it is in control and runs the company effectively.
If your in the clear, done nothing wrong, then there’s nothing to worry about about, let it unfold. But if its not straight forward, confusion, conflicting version of events?. now this can end up a form of dispute resolution, companies have to comply with the workplace and OH&S laws, but don’t want to loose good people.
Understanding how dispute resolution works can be of a benefit to you,
Understanding how dispute resolution works can be of a benefit to you, Instead of the usual adversarial approach which will usually end up with a winner and a loser, and its not hard to guess who the winner will be. Sometimes your claim is not that strong, you argue poorly, but settle well. There are opportunities through these processes if you know what your doing.
Ways of avoiding litigation
- Be nice, conduct yourself professionally (think of your goal, its not about wining or losing,. Its about getting what you want.
- Be prepared, know your claim / case well. Act like your an authority
- Write a letter, put forward your argument. Maybe put what you want. Some take the approach, we’ll hold information back, lets ambush them. That way we’ll get more, this goes back to the adversely approach. Which is really what your trying to avoid.
- When meeting the other side (employee, whoever). Look them in the eye, extend your hand. Your wanting to make that connection. It also shows you confident, no fear to the negotiations.
- Don’t start with a ridiculous offer, other wise your meeting, mediation is over before it starts. Plus then if you have to substantially drop your offer / demands back to realistic levels it looks like your giving up. You do not want to telegraph this message.
- Evaluate the risk of the case if you pursue the claim. You have to be objective about this. Look at both the up side and the down side. Reach out and get it resolved. You have to always act in your best interest
- Pick up the phone, sometimes it not what’s said, than what is said, understands the nuances. You cannot get this in emails, letters. There is a bit of a black art to negotiation.
Workplace Law & Unfair Dismissals, Resolve Your Problems Today
“Workplace Law & Unfair Dismissals, Resolve Your Problems Today”. Hopefully contributes to the debate how to protect your job and increase job security. A Whole New Approach Pty Ltd, we are not lawyers. We are workplace advisors, commentators and representatives. AWNA have been representing employees in the Fair work Commission, and Fairwork Australia. And other Human Rights Commissions for a long time.
We are committed to resolution by mediation, and dispute resolution. Give us a call, discuss your workplace issues with us, its free. Unfair dismissals, general protections, constructive dismissal, probation, serious misconduct, whatever enquiries welcome. 1800 333 666, call now. All states, including Victoria, QLD, WA
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