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Responding to an employment claim involving former or existing employees can be costly, extremely disruptive and, sometimes, inevitable.
Disputes in the workplace frequently arise over:
- a failure to meet workplace rights and obligations;
- inconsistent treatment of employees;
- inadequate policies and procedures;
- inadequate dispute resolutions procedures;
- cultural differences;
- changing workplace practices without proper consultation.
Common types of workplace litigation include:
- applications for unfair dismissal;
- applications dealing with general protections and disputes over entitlements;
- applications for orders to stop workplace bullying;
- contractual disputes.
Engaging with any employment related claims early and responding thoroughly is the first step in maximising the prospects of a good outcome and minimising the possibility of ongoing disruption to your business.
While the litigation process varies depending on the type of claim, most involve the option (or requirement) for the parties to participate in some form of alternative dispute resolution.
Getting proper advice at an early stage is crucial to determining how you wish to conduct any employment related litigation and what your strategy will be.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.
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