FIND YOUR ANSWERS BELOW:

Q
Am I better off hiring an independent contractor or an employee?
AThis depends on how you want the work to be performed and the level of control you prefer. The more management, control, rigidity in hours of work and restraint you expect, you would most likely be placed to hire an employee. We recommend against making a decision based on monetary factors as this may cause issues around sham contracting.

You can read our article on independent contractors and employees here: https://www.constructivelegalsolutions.com.au/independent-contractor-vs-employee-in-2021-3/

Q
I have been running a company without any terms and conditions. Is that an issue?
A You should have a comprehensive set of terms and conditions that covers the transactions you have with your customers. Having this will ensure you have protections in place for issues like delayed delivery, warranties and payments.

You can read our article on Terms and Conditions here: https://www.constructivelegalsolutions.com.au/terms-and-conditions-do-i-need-them-2021-3/

Q
What type of cases does your law firm handle?
A At Constructive Legal Solutions we handle claims from various areas of practice such as employment law, commercial law, litigation, etc.

Please see our List of Services.

Q
Do I need to come into your office to meet you in person for the consult or to receive legal services?
A Our consults can be conducted over the phone or via video call. As for the provision of legal services, if it is necessary and required, we may ask for you to come to our offices or schedule a location that is more conveinent for you. We will facilitate the provision of services to you electronically, as much as we can, to save you time and money.
Q
How long does an employee need to have been employed before they can apply for unfair dismissal?
A Employees have to be employed for at least 6 months before they can apply for an unfair dismissal.

Employees working for a small business (less than 15 employees) have to be employed for at least 12 months before they can apply.

If there was a change of business ownership, service with the first employer may count as service with the second employer when calculating the minimum employment period.

Please note the information above is for unfair dismissal claims only.

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