Employment Law Policy & Special Project Simon Howard – Senior Solicitor

Unfair dismissal  Fair Work Australia o all private sector employees  Industrial Relations Commission of NSW o NSW and local government employees Special disadvantage

Small claims  Recovery of employee entitlements  Minimum entitlements under Award or Enterprise Agt  After other avenues for recovery – eg. demand, FWO, GEERS, ATO (Super)  Federal Magistrates Court, Chief Industrial Magistrates Court, Local Court  ‘Small Claims procedure’ – no more than $20,000 Special disadvantage

Unfair work contracts  Independent Contractors Act 2006 (Cth)  Review and remedy of unfair work contracts  Federal Magistrates Court and Federal Court  Eg. employee wrongfully called a contractor, contractors working for less than the Award hourly rate of employees  Overlap with Fair Work Act ‘sham contracting’ provisions Special disadvantage

‘General Protections’ litigation  Fair Work Act 2009 (Cth) - Part 3-1  ‘Workplace rights’ protection – s340  Protection against ‘discrimination’ – s351  Protection where absent because of illness or injury – s352  Protection against ‘sham contacting’ – s357 to s359 Special disadvantage – but not in discrimination matters

Special disadvantage  Required for all grant matters, except where General Protection against discrimination is invoked  Child, or  Substantial difficulty dealing with the legal system because of a substantial: o psychiatric condition o developmental disability o intellectual disability, or o physical disability  Evidence?  Multiple causes of action

When & how to apply  Application can be made at any time/stage, including FWA  After conciliation?  Timing issues with ‘General Protections’ dismissal matters – must commence Court proceedings with 14 days of s369 certificate from FWA  Paper form or online  Centrelink benefit statement  Medical report where special disadvantage  Role of Senior Employment Law Solicitor at LANSW

Community Legal Centres  Grant for disbursements  Counsel’s fees (recommending counsel)  Supporting CLCs  Building capacity for CLCs  Exercise of discretions in granting aid

Employment Law Project Unfair Dismissal Conciliation  Public Interest Law Clearing House of NSW (‘PILCH’)  4 PILCH member firms in probono role: o Harmers Workplace Lawyers o Lander & Rogers Lawyers o TressCox Lawyers o Norton Rose Australia Lawyers  Marrickville, Northern Rivers & Shoal Coast CLCs  Legal Aid NSW

Employment Law Project - Unfair Dismissal Conciliation  Workers at risk of long term unemployment  2 Groups of client  Role of project partners  Up until and including conciliation

Employment Law Project Unfair Dismissal Conciliation  12 months  Evaluation  Conciliation aims - promotion of connection with the workforce:  reinstatement  compensation  reference/statement of service  retraction of adverse allegation  Centrelink separation certificate correction  fair terms deed of settlement

Contact Simon Howard Employment Law Legal Aid NSW (02)