For example, some public sector enterprise agreements provide for detailed processes and extensive rights in relation to disciplinary proceedings and workplace investigations. These rights are generally enforceable under the Fair Work Act 2009 (Cth), at the Fair Work Commission or the Federal Court. We can help you access these rights to ensure that you are treated fairly during such processes, and to help you respond to any allegations of misconduct or underperformance.
In addition, some public sector employees are also able to seek judicial review or a merits review of decisions relating to their employment. Whether employees can access these review mechanisms depends upon their employer, the nature of the decision made and the legal instruments governing their employment. We can help you access these avenues, if they are available to you.
We protect your rights
Client Story
Peter was a Senior Executive with a Government Agency who was employed on a fixed term contract, with four years remaining.
Peter was suspended from work following a series of politically-motivated inquiries by his employer regarding his fitness for the role.
We wrote to Peter’s employer demanding that he be allowed to return to work and be given duties back. As a public servant, Peter also had the benefit of legislation which required his employer to make fair decisions regarding his employment. In this case, it was clear that the employer’s decision to suspend Peter from work was unfair and contrary to law.
The damage that had been done to Peter’s reputation as a result of the suspension meant that he could not return to his role. To compensate Peter for this, we successfully negotiated a settlement payment equivalent to two years’ wages for the damage caused to his reputation and mental health.
Experts in Employment law
Our team has an outstanding record of achieving terrific outcomes for employees in both the private and public sector. We assist our clients with a combination of strategy, tenacity and compassion.
