Employment & Industrial Law

In a field of law where parties generally do not properly document their relationships, and where disputes can easily arise, you need a lawyer who is a tough negotiator and who is familiar with the frequent changes in the law and can provide you with sound advice. You also need a lawyer with the experience to represent you in the various Tribunals and Courts if the dispute cannot be resolved by negotiation and agreement.
 
The services we provide include the following:
  • employment agreements
  • redundancy
  • unfair dismissals
  • anti-discrimination matters 
  • industrial safety matters
  • applications to review  unfair working arrangements (Section 106 applications)
Further information
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
Contract: the rules of the game
Date: Jun 15, 2015

The traditionally accepted view of law is that it is an independent set of rules governing society routinely applied by reference to existing precedent. The law is considered autonomous and distinct from custom, morality, religion and politics. In western civilisations, legal systems are built on liberal foundations.

Private contractual arrangements and government intervention
Date: Jun 12, 2015

The law was not constructed on a bare canvas, but on value-laden foundations. Ordinarily, when a house is built on a sloping block, the nature of that slope determines the type of structure erected upon it. The structure is changed to suit the conditions of the landscape, not vice-versa. It is no different with the law.

Religious officers, contracts and legal relations
Date: Jun 11, 2015

In commercial transactions, the onus of proving (on the balance of probabilities) that a contract does not exist rests with the party disputing what courts presume to be an agreement intended to have legal force. For disputes concerning family members, courts take the viewpoint that “each house is a domain into which the King's writ does not seek to run, and to which his officers do not seek to be admitted”.

Consideration in contract law
Date: Jun 10, 2015

The doctrine of Consideration is concerned with the price paid for a promise. Consideration is something of legal value given in exchange for a promise.

A contract that is not a contract
Date: Jun 09, 2015

Equitable Estoppel is a cause of action that protects parties’ reliance on promises which have the appearance of a contract, but which do not satisfy the elements needed to create binding legal relations, that result in detriment to one party. The case of Waltons Stores (Interstate) Ltd v Maher is a landmark case which has greatly affected the common law of contract.

Costs orders - who pays the costs of legal proceedings?
Date: Aug 25, 2014

The Court has power under Section 98 of the Civil Procedure Act 2005 to determine by whom, to whom and to what extent the costs of the proceedings are to be paid.

LITIGATION - Frequently Asked Questions
Date: Dec 04, 2012

Deciding how to settle a dispute - Choosing a process - Commencing litigation - Pre-trial procedures - Discontinuance or withdrawal - Enforcement of judgments - Costs of Litigation - Time limits - Lawyers

Parental Leave - Return to Work Guarantee; entitlement of employee to position held before parental leave taken
Date: Nov 04, 2011

Under s70 of the Fair Work Act a parent is entitled to 12 months of unpaid parental leave.

Security for Costs
Date: Aug 08, 2010

The general rule is that everyone should be able to enforce their rights in the Courts – poverty should be no bar to justice.

Employment Law – Restraint Clauses
Date: Mar 10, 2010

A recent 2010 Supreme Court Case – Stacks/Taree v Marshall – makes a number of observations about the extent to which employers can restrain employees who no longer work for them.

Employment law – Summary Dismissal for Serious Misconduct
Date: Jun 22, 2009

Our client was the general manager of a national company who summarily dismissed him for ‘serious misconduct’. As a result our client was not entitled to avail himself of the dispute resolution procedures provided for in his employment agreement nor was he entitled to his wage, bonus and other damages.

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