by Joshua Stevens | Sep 10, 2025 | Employment Law
At Shakenovsky & Associates, we understand that employment disputes can be challenging for both employers and employees. One of the most critical aspects in resolving these matters is procedural fairness.
Procedural fairness, sometimes called “natural justice”, means ensuring that all parties are given a fair opportunity to present their case, respond to allegations, and have decisions made impartially. This principle is fundamental in Australian employment law and applies to disciplinary actions, dismissals, and workplace investigations.
Why is procedural fairness important?
- For employers: Following fair procedures reduces the risk of unfair dismissal claims and helps maintain a positive workplace culture.
- For employees: It ensures your voice is heard and your rights are protected throughout any workplace process.
If you have questions about procedural fairness or need guidance on employment matters, contact Shakenovsky & Associates. We’re here to help you navigate your rights and obligations with confidence.
by Joshua Stevens | Jun 6, 2025 | Employment Law
Are you aware of your rights under the General Protection Provisions of the Fair Work Act 2009? These provisions are designed to protect employees from adverse actions taken by employers for prohibited reasons, such as discrimination or retaliation for exercising workplace rights.
Key Points to Know:
1. Adverse Action: This includes any action that negatively affects your employment, such as demotion, dismissal, or discrimination.
2. Prohibited Reasons: Employers cannot take adverse action against you for reasons like using sick leave, making complaints about workplace conditions, or other protected activities.
3. Reverse Onus of Proof: In these claims, the employer must prove that the adverse action was not taken for a prohibited reason.
4. Time Limit: You have 21 days from the date of dismissal to lodge a claim with the Fair Work Commission.
5. Compensation: There is no cap on compensation, which can include economic and non-economic losses.
If you believe you’ve been subjected to adverse action for prohibited reasons, it’s crucial to act quickly. Gather evidence, seek legal advice, and consider lodging a claim to protect your rights.
For more information or assistance, feel free to reach out to our experienced team at Shakenovsky & Associates. We’re here to help you navigate your rights and options.
by Joshua Stevens | Jun 5, 2025 | Employment Law
Are you an employer in the social, community, home care or disability services sector?
At Shakenovsky & Associates, we support employers covered by the Social, Community, Home Care and Disability Services Industry Award 2010. Our experienced team can assist you with:
• Award interpretation and compliance
• Employment contracts and workplace policies
• Managing performance, misconduct, and terminations
• Navigating pay rates, allowances, and rostering obligations
• Responding to Fair Work claims and audits
Protect your organisation and ensure you meet your legal obligations. Contact Shakenovsky & Associates today for tailored, practical advice.
📞 (02) 9299 0255
✉️ richard@rslawyers.com.au
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