Employment | WHS | WorkCover

Esposito Lawyers is a boutique law firm that assists small businesses to large corporations in the complex area of employer workplace law.

The problem with having a successful business is having the time to audit your compliance.  With various legislation, policies, guidelines and directions it can be challenging to manage your business.  At Esposito Lawyers, we can provide you with advice to alleviate this burden in a cost-effective manner.  Our services for employer workplace law include, but is not limited to;

EMPLOYMENT LAW

A key area of employer workplace law is employment-related matters. The best kind of advice in Employment Law matters is early advice.  Obtaining advice early in a matter, can at times, prevent a matter from escalating and therefore resolving the matter before the relationship between the parties breaks down resulting in actions before the commission or courts.

We can assist employers with;

  • Developing and assisting in the implementation of internal policies and procedures;
  • Advice and audit for compliance with the Fair Work Act  2009 and obligations of employers;
  • Advice and management of workplace bullying, harassment, and discrimination;
  • Internal investigations;
  • Advice on termination, redundancy, and dismissal as a result of poor performance or misconduct;
  • Drafting of contracts and letters of offers;
  • Representation in Courts and Tribunals.

The Fair Work Act 2009 and the ancillary legislation is complex.  Obtain legal advice now to ensure you understand your rights and obligations.  Contact our office.

 

REPRESENTATION

We represent our Employer clients in the Fair Work Commission, during negotiations in regards to matters such as the allegations of unfair and unlawful termination, general protections, and stop bullying claims.

 

SEMINARS

We provide tailored seminars specific to individual business policies and procedures, legislative requirements and codes in the following areas of law;

  • Workplace Health and Safety (Cth/Qld) (and ancillary legislation);
  • Workers Compensation; and the
  • Fair Work (Cth)/Industrial Relations Act (Qld).

We strongly believe that any seminar needs to be interactive and engaging in the presentation, with take-home notes, question time and quiz time! It is important to engage your workforce when discussing their rights and their obligations.

Stimulating discussion in the workplace and debunking myths with facts can provide your employees with confidence and ownership of their role in your company.

AUDITING AND COMPLIANCE

Auditing and compliance are one of our most utilised services. Prevention is an excellent investment in any business for both profit and employee retention.

The process of auditing by a Lawyer provides you with confidential legal advice on your current systems to ensure compliance with legislative requirements and obtain assurance that activities are being carried out following written policies and procedures. Identification of areas of improvements is the key to the audit process.

The objective of compliance is to look at the current and future conduct, policies and procedures of a business to ensure activities are being conducted in accordance with the legislative requirements, in a time-effective and cost-effective manner.

As a result of Mel Esposito's unique qualifications and experience in WHS, employment law, litigation and personal injury law,  these services take into account various areas of law specific to good governance and policy.

We can you assist you with the following;

  • Review of current policies and procedures with legislative requirements, specifically tailored to your type of business;
  • Drafting of governance, policies and procedure documents;
  • Review of governance documents for grants and tenders;
  • Advice on areas of risk;
  • Insurance policies and areas where coverage is required/missing;
  • Advice on effective risk management systems.

WORKERS COMPENSATION

We can assist employers with Workers Compensation - Employer workplace law matters:

  • Advice on claims process and obligations of employers in both statutory (no-fault) and common law (fault) claims;
  • Appeal avenues and drafting of Appeals - WorkCover Queensland/Self Insurer, Workers Compensation Regulator (WCR), Queensland Industrial Relations Commission (QIRC), Magistrates Court (note strict time limits apply);
  • Incident Investigations;
  • Return to work program and best practice guidelines;
  • Reporting obligations - Work Health Safety.

In Queensland, most employees are covered by the Workers Compensation and Rehabilitation Act and Regulation.  Most employers obtain insurers for their workers either through WorkCover Queensland or one of the 28 registered self-insurers.  Having Insurance does not end employers obligations.

Workers compensation often correlates with Work Health and Safety and Fair Work obligations.  Failing to understand and carry out obligations can have significant financial impacts on a business.

 

Work Health and Safety

We provide a number of Work Health and Safety services, which can be located here.