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When should a client reach out for legal support?
If you receive a claim or are threatened with a claim (letter of demand) against you and your business from an employee or former employee, you should contact the Irwell Law team as soon as possible for advice on how to proceed and respond.
What’s the legal process for dealing with claims?
- A claim is lodged by an employee against their (usually former) employer in a court or tribunal.
- The claim is served on the employer.
- The employer has a strict time frame to respond to the claim.
- In most court/tribunals there is a conciliation or mediation (an informal form of dispute resolution), to try and settle the claim.
- If a settlement is reached a written agreement is usually entered into by the parties to end the case and deal with issues such as keeping any settlement confidential.
- If mediation/conciliation fails, the case will be listed for a hearing and orders/directions are made by the court for preparing and filing evidence in the case.
- After all the evidence is filed a hearing will occur.
- The people who have made statements/provided evidence will have to attend the court/tribunal and give evidence under oath.
- The judge listens to the evidence and makes a decision.
- There is a court or tribunal determined outcome
- The parties comply with the court’s decision or lodge an appeal.
How does legal representation work for Peninsula clients?
- Once a client sends the court documents to the Peninsula advice team, they pass them on to Irwell Law, or Peninsula Mutual’s other panel law firms for WHS claims, to open a case file.
- Irwell law contacts the client within 24 hours and assigns a lawyer to act on the employer’s behalf.
- Irwell Law (for Peninsula Mutual members) lodges a claim with the Mutual and a decision is made on whether coverage for legal costs and possibly settlement will be extended by the Mutual.
- Irwell Law then updates the client on the outcome.
- If coverage is granted, then Irwell law will act on the case for the client. Generally, with no out of pocket costs for the member.
- If coverage is not provided Irwell law will offer the client discounted legal services to assist them in defending the claim.
- If engaged, Irwell law then represents the client until the end of the legal case and helps the client work through defending or otherwise dealing with the claim against their business to achieve the best and most cost-effective outcome for the client.
What is Peninsula Mutual and Peninsula Protect?
Most Peninsula clients are members of Peninsula Mutual. This is a member owned discretionary mutual. Membership of the Mutual and access to the financial product Peninsula Protect is available exclusively to Peninsula clients.
Peninsula Protect provides protection for legal liability and defence costs arising from employment relations and Health and Safety claims. As a Peninsula client you can choose to become a Peninsula Mutual member. The terms and conditions attached to membership of, and coverage for claims made against a Peninsula client member of Peninsula Mutual, are governed by the Product Disclosure Statement (PDS) lodged with ASIC.
How long do cases take?
If a case before the Fair Work Commission is settled, it can be finalised in 6-8 weeks from when it was lodged. If it goes to a hearing, it could take up to six months.
For a case that has been lodged in the Federal Circuit and Family Court of Australia, it may take at least 3-6 months to resolve by settlement. If it goes to a hearing, it’s possible to take up to two years.
If a case is before one of the state or federal courts or tribunals, it can take significantly longer. As much as up to 12 months after being lodged to be bought to an employer’s attention.
Have more questions? Contact our team today for a free initial consultation.
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