Grope Hamilton Lawyers provide an extensive range of services and advice relating to all types of employment law issues.

Employment Law Services 

Unfair Dismissal Claims

If you feel that you have been unfairly dismissed from your workplace, get in touch with Grope Hamilton Lawyers so that we can help you take the best steps forward.

Breaches of Employment Contracts

Grope Hamilton Lawyers are experienced in all areas of employment law including cases where employment contracts have been breached.

Claims under the Fair Work Act

Grope Hamilton Lawyers can assist you in formulating a claim under the Fair Work Act.

Understanding Your Employment Law Position

A workplace issue does not always begin with a clear legal claim.

You may know that something has changed or gone wrong: your employment has ended, your role or employment conditions have changed, an entitlement is in dispute, allegations have been raised, or a workplace disagreement has become more serious without knowing what the issue means legally or what should happen next.

The legal position may depend on a number of factors, including:

  • the terms of the employment contract;
  • the nature of the employment relationship;
  • the National Employment Standards;
  • an applicable modern award;
  • an enterprise agreement; and
  • rights and obligations arising under workplace legislation.

These sources do not necessarily operate independently.

An employment contract may apply alongside statutory minimum entitlements or an industrial instrument. Similarly, the same workplace circumstances may raise more than one legal issue.

For example, a change to remuneration or responsibilities may require consideration of the employment contract as well as any applicable award, enterprise agreement or statutory entitlement. Where employment has ended, the circumstances surrounding the termination may also give rise to different potential legal pathways.

For this reason, an important first step is often to identify where the relevant right or obligation comes from, what has occurred and which legal framework applies to the circumstances.

South Australia

Which Employment Law System Applies to You?

Employment relationships in South Australia do not all fall within the same workplace relations system. The applicable framework depends on the employment relationship and the employer concerned.

Who employs you?

01 National System

Your employer

A private-sector employer in South Australia

National Workplace Relations System

South Australian private-sector employment is covered by the national workplace relations system under the Fair Work Act 2009 (Cth).

The legal framework may also include

The National Employment Standards, a modern award, an enterprise agreement and the employment contract.

02 South Australian State System

Your employer

A South Australian State public-sector or local-government employer

South Australian Industrial Relations System

South Australian State public-sector and local-government employment, together with almost all State Government Business Enterprises, is generally covered by the South Australian industrial relations system.

The legal framework may also include

The Fair Work Act 1994 (SA), applicable State awards or enterprise agreements and the jurisdiction of the South Australian Employment Tribunal.

Why this matters

Different workplace relations systems can involve different legislation, employment rights and obligations, industrial instruments, procedures and forums. Identifying the applicable system can therefore be an important first step before determining how an employment issue should be approached.