When workplace conflicts arise, knowing where to turn for help can make a significant difference in resolving issues effectively. Two key professionals who offer valuable services in these situations are employment lawyers and employment relations specialists. While both aim to address and resolve workplace issues, their approaches and areas of expertise differ. Understanding these differences can help you choose the right professional for your specific needs.
What is an Employment Lawyer?
Employment lawyers (also known as employment solicitors) in Australia are legal professionals specialising in labour law. They offer a range of services, including:
- Legal Advice and Representation: Employment lawyers provide expert legal advice on issues like wrongful termination, workplace discrimination, harassment, wage disputes, and contract negotiations. They represent employees or employers in legal proceedings, ensuring their clients’ rights are protected under employment laws.
- Contract Review and Negotiation: Employment lawyers help draft, review, and negotiate employment contracts, ensuring fair terms and compliance with labour laws. This includes non-compete agreements, severance packages, and confidentiality agreements.
- Litigation: If disputes cannot be resolved through negotiation or mediation, employment lawyers are prepared to take cases to court. They handle all aspects of litigation, from filing lawsuits to representing clients in court.
- Compliance and Risk Management: Employment lawyers advise businesses on compliance with federal, state, and local employment laws. They help create policies that mitigate legal risks and ensure a safe and fair workplace.
Employment Relations Specialist vs. Employment Lawyer?
Employment relations specialists in Australia, often seasoned Human Resources (HR) managers, bring a practical, real-world perspective to resolving workplace issues. Their expertise includes:
- Practical Problem Solving: Unlike lawyers who focus on legalities, employment relations specialists offer hands-on advice and strategies to manage workplace conflicts. They work directly with employees and management to mediate disputes and improve communication.
- HR Strategy and Management: These specialists are adept at developing and implementing HR policies and procedures that promote a positive work environment. They handle performance management, employee relations, and organisational development.
- Enterprise Bargaining Agreement (EBA) Strategy and Support: Employment relations specialists provide strategic support in negotiating and implementing Enterprise Bargaining Agreements. They ensure that EBAs align with organisational goals and comply with legal standards.
- Advising on Terminations, Performance Management, and Discipline: They offer guidance on handling terminations, managing performance, and implementing disciplinary actions. Additionally, they defend against unfair dismissal and adverse action claims in the Fair Work Commission.
Employment Relations Specialists in Australia
In Australia, employment relations (ER) specialists hold a unique position. They can pretty much do the same things as employment lawyers because most court hearings are at the Fair Work Commission (FWC). ER specialists can represent clients in tribunal hearings at the FWC, providing comprehensive support during disputes and formal proceedings, including cases involving strikes or adverse actions. This allows them to offer a valuable alternative to legal representation.
Key Differences Between Employment Lawyers and Employment Relations Specialists
While both employment lawyers and relations specialists aim to resolve workplace issues, their approaches and focus areas differ significantly:
- Legal vs. Practical Approach: Employment lawyers provide legal solutions and represent clients in legal matters. In contrast, employment relations specialists offer practical, experience-based advice and strategies to resolve conflicts and improve workplace dynamics.
- Focus on Compliance vs. Engagement: Lawyers prioritise legal compliance and risk management, ensuring that companies adhere to labour laws. Relations specialists focus on employee engagement and creating a positive work environment.
- Litigation vs. Mediation: Employment lawyers are equipped to handle litigation and represent clients in court. Employment relations specialists excel in mediation and conflict resolution, working to find mutually beneficial solutions without legal intervention.
- Tribunal Representation: In Australia, both employment lawyers and ER specialists can represent clients in tribunal hearings at the Fair Work Commission (FWC), providing robust support during disputes, including cases involving strikes or adverse actions.
- Cost and Outcomes: ER specialists are often significantly cheaper than employment lawyers. Their practical, experience-based approach frequently leads to better outcomes, particularly in resolving everyday workplace conflicts and improving employee relations.
Choosing the Right Professional for Your Needs
Deciding whether to consult an employment lawyer or an employment relations specialist depends on your specific situation:
- Legal Issues: If you face legal issues like wrongful termination, discrimination, or wage disputes, an employment lawyer is the right choice if it involves a senior manager and is headed for the Human Rights Commission or Federal Court. This happens where the FWC doesn’t have jurisdiction, for example, the senior manager is paid over the threshold or cap to access the FWC. They provide the legal expertise needed to protect your rights and navigate the complexities of employment law.
- Workplace Conflicts and HR Management: For everyday workplace conflicts, performance management, FWC dispute hearings, adverse action claims, or unfair dismissal applications and defense for employees paid below the FWC cap or threshold, or improving employee engagement, an employment relations specialist can offer practical solutions and strategies.
Both employment lawyers and employment relations (ER) specialists play crucial roles in maintaining a fair and harmonious workplace. By understanding their unique strengths and services, you can make informed decisions and seek the appropriate help when needed.
Why Choose Employment Relations (ER) Specialists in Australia?
For many businesses and employees, the combination of affordability, practical experience, and effective outcomes makes employment relations specialists an excellent choice. They offer a comprehensive approach to handling workplace issues, ensuring both compliance with Australian laws and the fostering of a positive work environment. Whether you need support with EBAs, performance management, or representation at the Fair Work Commission, including cases involving strikes or adverse actions, an employment relations specialist can provide the expertise you need.
Workplace investigations support
Independent workplace consultancy and advisory service.
We will look at the situation from all angles and considerations before advising clients. Depending on the context of the situation and what client instructions are, we generally conduct an investigation and derive any allegations based on the appropriate standard of proof.
In most cases this is as per the civil standard, as explained by the High Court in Briginshaw, of each of the allegations. We also advise many clients to conduct sensitive investigations under the instruction of our legal partner so as it is protected by legal professional privilege.
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David Haydon
Employment Relations Specialist and HR Consultant
0409 400 118
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