Legal

Women WorkEducation & Employment, Legal

Dispute Resolution in the Workplace

Dispute Resolution in the Workplace

Resolving disputes that arise in the workplace is essential if work is to get done and employees are to be treated fairly.  There can be many kinds of disputes, from safety issues through to unfair work practices, harassment and more. Such disputes can escalate from being between two people to dividing the whole staff into different camps and totally interfering with work, so the need for quick resolution is paramount.

However, reaching a resolution may not be that easy. There are several ways it can be done:

  1. Through negotiation between affected parties.
  2. Through mediation with a neutral third party, usually an independent mediator who helps to clarify issues so that the parties can reach an agreement both are happy with.
  3. Through arbitration where an independent arbiter such as a court or judge settles the matter the way they think fit and makes a binding legal decision to see it is carried out.

These days every award includes a clause which sets out how dispute resolution should be carried out. In most cases certain steps must be followed:

  1. Employees must meet with their supervisor to discuss the grievance.
  2. If that doesn’t resolve the matter, senior management must be called in.
  3. Failing resolution, the employer refers the problem to management at a higher or national level.
  4. If no resolution is forthcoming any or all of the parties may take the grievance to the Fair Work Commission.
  5. The employee or employer may appoint another person to be their representative at this point.

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Women WorkLegal

Can You get Out of Your Contract to Purchase a Used Car?

Used Car

Contracts form part of our everyday life and we may not even be aware of it. For instance, when you buy a car you have to sign on the dotted line – and what you sign is actually a contract. It is a legally binding agreement that you bought a specific car in a certain condition of which you were aware, for a certain sum of money. It details how much the repayments will be, when they will be due and how long it will take to pay off.

What contracts contain

Basically, most contracts contain similar information, although it does depend on what they are about. For instance, a work contract will be different from a contract to purchase a car. The work contract details how many hours you will work, for whom and how much you will be paid. It will usually give details about holidays, when they are due and how long they are for.

Many contracts have certain agreements in them due to the requirements of the law. For instance, work contracts should include a clause on how dispute resolution should be carried out.

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Women WorkLegal

Steps From Separation To Trial

Separation To Trial

When there is trouble in a relationship a separation may help both people to sort out their problems and decide whether to get a divorce or to try again. Some people may consider that a separation is simply an essential step to go through so you can apply for a divorce. A family lawyer can help you get through this time with advice on what to do. Others feel that by separating for a few months, their differences could be worked out.

If this is so for you and your spouse, it is wise to put a time limit on the separation, otherwise it is likely to drag on and your lives will become separated to the extent they cannot be put back together. There are several other things to work out for this kind of separation.

  • Who will leave the family home
  • With whom will the children stay
  • Who will pay major bills such as the mortgage
  • Whether you will see each other during the separation and if so, for how long
  • Whether the children will see their other parent during the separation
  • If you will both attend counselling.

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Women WorkLegal

How Estate Planning can Help Your Family

Estate Planning

Estate planning is more than just making a Will; it is making decisions about the distribution of your assets, including superannuation, after you have died, so that your family will be cared for and so that the amount of tax and other costs is minimised. While no one wants to think about dying, it is an unavoidable part of life and if you prepare for it ahead of time your family will have much less stress to contend with.

In addition, your wishes about the distribution of your assets will be carried out, with your beneficiaries getting what you determine they should have. If you die intestate – without a will – this is unlikely to happen. In fact, with the complexities of families these days there could be a great deal of argument between all the family members, each wanting to get a share, or perhaps more than their fair share.

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Women WorkLegal

What are Restraining Orders?

restraining-orders

Many women seem to get tangled up in an abusive relationship. Often they are vulnerable in some way and are the victim of a predator or a con man who can put on a good, caring act to start with. These men are simply using their partners, who may be better off financially than they are, or able to offer a place for them to move into.

Whatever the reason for the abuse, a restraining order is a legal document that prevents an abuser from coming close enough to continue the abuse after the relationship ends.  At least, that is the theory. In reality, the abuser can break the conditions and still cause harm to the victim. The only real benefit is that he can then be prosecuted.

Two different types

There are two different types of restraining order; a violence restraining order (vro) and a misconduct restraining order (mro). If you are afraid of violence against your person, then the former order is the one to apply for. If you are only concerned about misconduct that does not include personal violence, apply for a misconduct restraining order. In some states, the former may be called an Apprehended Violence Order, or AVO.

In both cases the penalty for disobeying the orders can be a fine or gaol time.

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Women WorkLegal

The Legal Process of Surrogacy

Legal Process of Surrogacy

There are two types of surrogacy available for women who cannot have children for whatever reason. Laws about surrogacy vary in different states so consult your family lawyer to find out what’s legal in your state. Surrogacy brings hope to those couples who want a child that belongs to at least one of them genetically instead of adopting one, but cannot have one in the natural way. There are two types of surrogacy.

  • The first and traditional way is when your spouse’s sperm is implanted into the surrogate mother using her own egg. This makes the surrogate the baby’s biological mother, even though she is carrying the child for another person.
  • The second is when your own egg is fertilised by your spouse out of the uterus and implanted into the surrogate. This is referred to as a gestational surrogacy and the woman who carries the child has no genetic ties to it, since her egg was not used. She is called the birth mother.

The legalities of both are somewhat confusing in Australia, mainly because the law differs from state to state. And as technology changes the law changes too. However, generally speaking the gestational surrogacy is the easiest path to navigate legally, since both parents are genetically tied to the child while the birth mother is not.

Even so, it is a good idea for those who take either route to ensure they can become parents to seek the help of an experienced surrogacy lawyer to write up a legal contract – an agreement about who the parents are genetically and who will claim the child as their own when it is born.

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Women WorkFamily, Legal

How to Help Your Child Cope with the Divorce

Help Your Child Cope with the Divorce

Divorce is often full of bitter recriminations and finding fault. While this is difficult for both parents to go through, it is even harder for children, especially if they hear you fighting over them. They think they have done something wrong and are the cause of the divorce. Then they have to cope with feelings of guilt as well as the anxiety and despair of their parents divorcing.

It is essential to help your child cope with divorce if they are to come out of it relatively unscathed. Sometimes it takes years for a child to get over their parent’s divorce and if they are young at the time they will suffer a great deal throughout their life unless you take charge of the situation to help them. Here are some tips to help your help your child cope.

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