Search Results

Unfair Dismissal Application Lodge an unfair dismissal application with the Fair Work Commission. This involves filling out the appropriate forms and providing relevant details about the dismissal, including the reasons you believe it was unfair. The Commission will review your application and may attempt to resolve the matter through mediation or hold a hearing. Procedural Fairness Argue that you were denied procedural fairness during the dismissal process. This means demonstrating that your employer failed to follow proper procedures, such as not providing you with a valid reason for the dismissal, not giving you an opportunity to respond to allegations, or not allowing you to have a support person present during meetings. Harsh, Unjust, or Unreasonable Dismissal Claim that the dismissal was harsh, unjust, or unreasonable. Provide evidence to support your argument, such as showing that the punishment was disproportionate to the alleged misconduct, that your employer didn't consider mitigating circumstances, or that there was no valid reason for the dismissal in the first place. Discrimination or Adverse Action If you believe that the dismissal was motivated by discriminatory reasons, such as your gender, race, age, or disability, you can claim that it constitutes unlawful discrimination or adverse action. Provide evidence to support your claim and demonstrate a connection between the dismissal and the discriminatory or adverse action. Constructive Dismissal If you resigned from your position but believe that you were forced to do so because of your employer's conduct or a hostile work environment, you can argue that you were constructively dismissed. Provide evidence of the circumstances that led to your resignation, such as ongoing harassment, significant changes to your working conditions, or a breach of your employment contract. When appealing an unfair dismissal, it's important to seek advice and familiarize yourself with the specific requirements and timelines set by the Fair Work Commission. Need help? gethelp@1800ADVOCATES.au or call us on 1800 238 622.

The 48 Laws of Power is a book written by Robert Greene, which outlines strategies and tactics for gaining and maintaining power. Here are the 48 laws: 1. Never outshine the master. 2. Never put too much trust in friends; learn how to use enemies. 3. Conceal your intentions. 4. Always say less than necessary. 5. So much depends on reputation—guard it with your life. 6. Court attention at all costs. 7. Get others to do the work for you, but always take credit. 8. Make other people come to you—use bait if necessary. 9. Win through your actions, never through argument. 10. Infection: avoid the unhappy and unlucky. 11. Learn to keep people dependent on you. 12. Use selective honesty and generosity to disarm your victim. 13. When asking for help, appeal to people’s self-interest. 14. Pose as a friend, work as a spy. 15. Crush your enemy totally. 16. Use absence to increase respect and honor. 17. Keep others in suspended terror: cultivate an air of unpredictability. 18. Do not build fortresses to protect yourself—isolation is dangerous. 19. Know who you’re dealing with—do not offend the wrong person. 20. Do not commit to anyone. 21. Play a sucker to catch a sucker—seem dumber than your mark. 22. Use the surrender tactic: transform weakness into power. 23. Concentrate your forces. 24. Play the perfect courtier. 25. Re-create yourself. 26. Keep your hands clean. 27. Play on people’s need to believe to create a cult-like following. 28. Enter action with boldness. 29. Plan all the way to the end. 30. Make your accomplishments seem effortless. 31. Control the options: get others to play with the cards you deal. 32. Play to people’s fantasies. 33. Discover each man’s thumbscrew. 34. Be royal in your own fashion: act like a king to be treated like one. 35. Master the art of timing. 36. Disdain things you cannot have: ignoring them is the best revenge. 37. Create compelling spectacles. 38. Think as you like but behave like others. 39. Stir up waters to catch fish. 40. Despise the free lunch. 41. Avoid stepping into a great man’s shoes. 42. Strike the shepherd and the sheep will scatter. 43. Work on the hearts and minds of others. 44. Disarm and infuriate with the mirror effect. 45. Preach the need for change, but never reform too much at once. 46. Never appear too perfect. 47. Do not go past the mark you aimed for; in victory, learn when to stop. 48. Assume formlessness.

We all have that burning in us that wants to win friends and influence people. The 1936 Dale Carnegie self development book is one of the all time best seller books and it can be summarised as follows; 1. Show genuine interest in others: People love to talk about themselves and their interests. Ask questions and show a genuine interest in what they have to say. 2. Smile: A simple smile can go a long way in making people feel comfortable and welcomed. It also shows that you are approachable and friendly. 3. Remember people’s names: People love to hear their own name and it shows that you value and respect them as an individual. 4. Listen actively: Listen to what people are saying and respond accordingly. Avoid interrupting or talking over them. 5. Find common ground: Look for shared interests or experiences to connect with others. This can help build rapport and establish a connection. 6. Compliment others: Genuine compliments can make people feel good and appreciated. Be specific and sincere in your praise. 7. Be empathetic: Try to see things from the other person’s perspective and show empathy towards their feelings and experiences. 8. Avoid criticizing or blaming: Instead of criticizing or blaming others, focus on finding solutions and working together towards a common goal. 9. Be positive: A positive attitude can be contagious and can help create a more enjoyable and productive environment. 10. Show gratitude: Expressing gratitude and appreciation can help build strong relationships and foster a sense of community.

In the Unfair Dismissal Case U2023/719, Sam King filed a claim against Fingal Bay Service Station & Tyre Service Pty Ltd for unfairly dismissing him from his job. The case was heard by the Fair Work Commission, where King argued that his dismissal was unjustified and without proper notice. He claimed that he was not given a chance to respond to the allegations against him and that the employer did not follow proper procedures in terminating his employment. The employer, on the other hand, argued that King was dismissed for serious misconduct, including theft and dishonesty. After considering the evidence presented by both parties, the Fair Work Commission found that the employer did not follow proper procedures in dismissing King and that he was unfairly dismissed. As a result, the commission ordered the employer to pay King compensation for lost wages and other entitlements.

Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333; was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". A "Calderbank Offer" can often be identified by the disclaimer "without prejudice, save as to costs". Commonly referred to as the Calderbank principle, it is a legal principle that allows a party to make a settlement offer to the other party in a dispute, which includes a condition that if the offer is not accepted and the case goes to court, the party making the offer will seek to recover their legal costs from the other party. This principle is often used in civil litigation cases in the UK as well as Australia. The Calderbank offer is a formal written offer of settlement made by one party to another party in a dispute. The offer is made on a "without prejudice save as to costs" basis, which means that the offer cannot be used as evidence in court except for the purpose of determining costs. If the other party rejects the offer and the case proceeds to court, the party who made the offer can ask the court to order the other party to pay their legal costs, even if they win the case. The Calderbank principle is often used as a tactical tool to encourage settlement of a dispute, as it puts pressure on the other party to accept the offer to avoid the risk of having to pay the other party's legal costs. However, it is important to note that the principle is not a guarantee of recovering legal costs, and the court will consider various factors, including the reasonableness of the offer, when deciding whether to award costs.

Briginshaw v Briginshaw (1938) 60 CLR 336 considered how the requisite standard of proof should operate in civil proceedings. The case affirmed that the standard of proof that applies to all civil matters is the balance of probabilities. Briginshaw v Briginshaw is a landmark case in Australian law, which established the standard of proof required in civil cases where serious allegations are made. The case involved a dispute between a married couple over the ownership of certain property. The wife alleged that her husband had used fraud and undue influence to obtain the property, while the husband denied the allegations. The case was heard in the Family Court of Australia. In its judgment, the court recognized that serious allegations of fraud and undue influence require a higher standard of proof than ordinary civil cases. The court stated that the evidence must be "clear, cogent and convincing" in order to establish the allegations. This means that the evidence must be strong enough to satisfy the court that it is more likely than not that the allegations are true. The Briginshaw standard has since been applied in many other cases in Australia, and has become a key principle in the law of evidence. It is often cited in cases involving allegations of fraud, sexual abuse, and other serious misconduct.

As professional Advocates, we think it is important for clients to understand the distinction between special damages and general damages. Special damages refer to the specific, quantifiable losses that a plaintiff has suffered as a direct result of the defendant's actions. These damages are often referred to as "out-of-pocket" expenses and can include things such as medical bills, lost wages, and property damage. Special damages are typically easy to calculate and can be proven with documentation or receipts. On the other hand, general damages are more subjective and difficult to quantify. These damages refer to the non-monetary losses that a plaintiff has experienced as a result of the defendant's actions, such as pain and suffering, emotional distress, and loss of consortium. General damages are often determined by a jury and can vary greatly depending on the circumstances of the case. In summary, special damages are specific, quantifiable losses that a plaintiff has suffered, while general damages refer to the non-monetary losses that are more difficult to quantify. It is important to understand the distinction between these two types of damages in order to effectively represent you and seek appropriate compensation.

Sexploitation is the use of sex or sexual content for commercial or personal gain, often at the expense of others. This can include the production and distribution of pornography, prostitution, and human trafficking. Sexploitation can also involve the use of blackmail or coercion to force individuals into engaging in sexual activities. In Australia, the Sex Discrimination Act 1984 (Cth) provides protection against sex discrimination, sexual harassment, and victimisation. The Act prohibits discrimination on the basis of a person's sex, gender identity, sexual orientation, and intersex status. Sexploitation can be a form of sex discrimination, particularly when it involves the exploitation of vulnerable individuals, such as women and children. The Act provides protection against this type of discrimination, and individuals who have been subjected to sexploitation may be eligible to make a complaint under the Act. The Act also provides protection against sexual harassment, which can be a form of sexploitation. Sexual harassment can include unwanted sexual advances, requests for sexual favors, and other unwelcome conduct of a sexual nature. The Act prohibits sexual harassment in the workplace, in education, and in other areas of public life. In addition, the Act provides protection against victimisation, which means that an individual cannot be treated unfairly for making a complaint or participating in an investigation under the Act. Overall, the Sex Discrimination Act plays a crucial role in protecting individuals from sexploitation and other forms of sex discrimination. It is important for individuals to be aware of their rights under the Act and to seek legal advice if they believe they have been subjected to discrimination or harassment. By working together to prevent sexploitation and promote equality, we can create a safer and more equitable society for all. For fast and FREE help with matters like this, complete the Priority Intake Form on our website or gethelp@1800ADVOCATES.au | 1800 238 622 | www.1800ADVOCATES.au

Sham contracting is a term used in the Fair Work Act 2009 that refers to situations where an employer presents an employment relationship as an independent contracting arrangement, even though it is not. This is done to avoid providing employees with certain entitlements and obligations under the Act, such as minimum wages, leave entitlements, and superannuation contributions. The Act prohibits employers from engaging in sham contracting, as it is a form of exploitation that undermines the rights and protections afforded to employees under the law. The penalties for engaging in sham contracting are severe, with fines of up to $66,600 for corporations and $13,320 for individuals, as well as the requirement to repay any amounts owed to affected employees. To determine if an employment relationship is a sham contracting arrangement, the Act sets out several factors that must be considered. These factors include the level of control the employer has over the work performed, the degree of integration of the worker into the employer's business, and the extent to which the worker operates independently. Employers who are found to have engaged in sham contracting may also face legal action from affected employees, who may seek compensation for lost wages and entitlements. In addition, employers who engage in sham contracting may damage their reputation and face negative publicity, which can have long-term consequences for their business. It is essential for both employers and employees to be aware of the provisions surrounding sham contracting in the Fair Work Act 2009, as it is a serious breach of employment law. Employers should ensure that they are providing their employees with the correct entitlements and obligations under the Act, while employees who suspect they may have been subject to sham contracting should seek legal advice to understand their rights and options. Need help with an issue like this? Complete the Priority Intake Form on our website for fast and FREE consultation gethelp@1800ADOCATES.au | 1800 238 622 | www.1800ADVOCATES.au

The White Australia Policy was a series of laws and regulations implemented in Australia between 1901 and 1973, aimed at restricting non-European immigration to the country. The policy was based on the belief that Australia should remain a predominantly white, British society, and that non-white immigrants posed a threat to the country's cultural and economic development. The policy was eventually abolished in the 1970s, and Australia has since become a more diverse and multicultural society. Today, Australian human rights laws and anti-discrimination laws prohibit discrimination on the basis of race, ethnicity, and national origin. These laws reflect a commitment to equality and non-discrimination, and are designed to protect the rights of all individuals, regardless of their background or heritage. While the White Australia Policy is no longer in effect, its legacy can still be felt in some areas of Australian society, particularly in relation to the treatment of Indigenous Australians and other minority groups. As such, it is important for Australians to continue to work towards building a more inclusive and equitable society, where all individuals are valued and treated with respect and dignity. Do you need help to take action and defend you Human Rights? Contact 1800ADVOCATES on 1800238622 | gethelp@1800ADVOCATES.au | www.1800ADVOCATES.au Complete the Priority Intake Form for a fast and free consultation.

Cyber bullying on Facebook involving racial discrimination is a serious issue that has become increasingly prevalent in today's digital age. It refers to the use of electronic communication technologies to harass, intimidate, or humiliate individuals based on their race or ethnicity. Such behavior is not only morally reprehensible, but also illegal under the Queensland Anti-Discrimination Act. The Queensland Anti-Discrimination Act prohibits discrimination on the basis of race, ethnicity, and other protected characteristics. This includes online harassment and bullying that targets individuals based on their race or ethnicity. The Act provides legal recourse for victims of cyber bullying, and allows them to file complaints with the Queensland Human Rights Commission. In the context of Facebook, cyber bullying involving racial discrimination can take many forms. This can include posting racist comments, images or videos, creating fake profiles to impersonate or mock individuals based on their race or ethnicity, or using private messaging to send threatening or abusive messages. These actions can have a devastating impact on the victim's mental health, self-esteem, and sense of safety. It is important for individuals to understand the serious consequences of engaging in cyber bullying involving racial discrimination on Facebook. Not only is it illegal under the Queensland Anti-Discrimination Act, but it can also result in criminal charges and civil lawsuits. Additionally, Facebook has its own policies and procedures in place to address cyber bullying, and can take action against users who violate these policies. In conclusion, cyber bullying on Facebook involving racial discrimination is a harmful and illegal behavior that has no place in our society. It is important for individuals to understand the impact of their actions and to take responsibility for their behavior online. The Queensland Anti-Discrimination Act provides legal recourse for victims of cyber bullying, and serves as an important tool in combating this pervasive issue. If you need help contact 1800ADVOCATES or email gethelp@1800ADVOCATES.au or call 1800238622 www.1800ADVOCATES.au

Sexual harassment in Australia is defined as any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. This can include: 1. Physical or verbal harassment, such as unwanted touching, sexual advances or comments, or leering. 2. Making sexual propositions or requests. 3. Displaying sexually explicit material, such as pornography. 4. Making threats or promises in return for sexual favours. 5. Spreading sexual rumours or making sexual comments about a person's body or appearance. It is important to note that sexual harassment can occur in any setting, including the workplace, educational institutions, and public places. It is a serious offence and can have significant impacts on a person's mental and physical health. If you would like a free consultation, please complete the high priority intake form on our website. Once we have assessed your information, we will allocate you to the appropriate advocate or investigator to assist you with your inquiry.