South Australia (SA)

All Workplace Issues, and Industrial Relations Issues, All States, Australia Wide, including:

Arbitrations, Unfair Dismissal, Unlawful Dismissals, Discrimination, Claims and dispute issues-

We Can Help!

All employees regardless of who they work for, or the size of the company, have rights to the unfair / unlawful dismissal laws. There are rules as to who qualify's, please refer to the unfair dismissal page for further details.

Regardless of the size of the company you can still bring a claim if you have been sacked for a discriminatory reason. (check on our Discrimination & Harassment page for a list).

There is alot of confusion how these industrial relations laws and the Fair Work Australia Act will work, if you have been sacked, regardless of the size of the employer, regardless of the circumstances, call us today and we'll discuss the matter.

The dispute provisions in the Fair Work Australia Act are wide ranging and alot more user friendly than they used to be.If you are being harrassed, discriminated against or feel your emplyement contract has been breached, you may be able to lodge a industrial relations dispute.

There is alot of confusion in the workplace. There are various other prospects against employers, including deceptive and misleading conduct, reasonable notice claims (up to nine months pay depending on your circumstances), breach of contract and sexual harassment claims under state OH&S laws. (We will refer you to the appropriate law firm or authority if required).

We have run many successful claims against some of the largest companies in Australia, both publicly listed and private as non-lawyer advocates.

Justice and fairness applies equally to every body

If you think that "justice" has anything to do with right or wrong or fairness you are sadly mistaken, Justice is concerned only with enforcing the law and has little to do with the average person's concept of fairness.Most employers treat their workforce fairly, however some Employers don't care about you, or your family. Their business is about making money, they have no respect for the industrial relations and discrimination laws and nothing else matters other than them. Don't be convinced you have no rights, or you cannot win, you can!, don't be mistreated or unfairly sacked and let the employer get away with it. Call today!!

"Our Justice is to get you the best outcome"

Based in Melbourne, we travel extensively (we do not maintain expensive offices with vciews in capital cities) we can represent you as non-lawyer representatives Australia wide in the following tribunal systems (AIRC, FWA, EOC, VCAT, HREOC) for industrial relations, unfair and unlawful dismissal, sexual harassment or discrimination claims. We are not lawyers and as such we cannot represent you in the court systems. We are experts in resolving matters, the key is to get a good outcome early, not run a formal hearing.

Our experienced staff are focused on seeking exceptional results and outcomes for our clients. We deliver value by creating solutions to employment problems through quality work and responsiveness to client needs. Every effort is directed toward achievement of the client's objectives in a cost effective manner. Our advice is always forthright and honest.

No win-no fee, our view

A Whole New Approach takes on many industrial relations and discrimination cases on a no win-no fee basis. This saves people money which is particularly important when they have lost their job or are experiencing issues in the workplace.

We approach your case with a social justice agenda; if we feel you have an very arguable case we will often take on your claim on a no win, no fee basis so that you can retain your money should you be unsuccessful in your claim. If you feel you have been treated unfairly by your employer, do not let your financial situation stop you from seeking help or justice. Everyone should have access industrial relations and discrimination laws to achieving justice in the workplace, especially when they have a genuine unfair dismissal, unlawful dismissal or discrimination claim.

If we take on your industrial relations or discrimination claim on a no win, no fee basis, we carry the risk of your claim. We believe in your case, and are willing to shoulder the risk of losing for you. Should we win your case, we take an agreed percentage of the settlement, and you keep the rest. This allows clients who are suffering financial hardship to have access to justice. If however, you are in a financial position to pay fees, but are unwilling to pay, it begs the question: If you don't believe in your own case, why should we? If you can afford to pay fees but don't want to, does that mean you don't believe your case will win?

In essence, A Whole New Approach takes on a large proportion of cases on a no win-no fee basis, however this is decided on a case-by-case basis.

South Australia (SA)

In 1894, South Australia was the first Australian state to introduce the use of conciliation and arbitration in relation to employment matters, and gave legal recognition to such private agreements. The first Industrial Court was established in 1912 by the Industrial Arbitration Act, which also provided for a system of compulsory arbitration for workplace matters. In 1974, the Court was given the jurisdiction to hear unfair dismissal claims, and given the power to reinstate unfairly dismissed employees to their former positions. In addition to the Court, the Industrial Commission of South Australia was created in 1966.

South Australian industrial relation laws have undergone a number of reforms, as introduced by legislation. These include an employee’s entitlement to sick leave in 1981 and the opening of avenues for employees to seek a remedy of re-instatement or compensation for being unfairly dismissed in 1984. The introduction of the Worker’s Compensation Act 1971 conferred power to hear claims of workers compensation from the state criminal court to the Industrial Court. That Act has now been replaced by the Worker’s Rehabilitation and Compensation Act 1986.

In 1995, the Fair Work Act 1994 commenced operation. The 1994 Act built upon the foundation established by earlier legislation to promote workplace issues such as minimum standards, protection of workers and the use of conciliation was an initial means of dispute resolution.

Since 1995, industrial relations law in South Australia has undergone significant transformation in the past few years. In 2006, the Workplace Relations Amendment (Work Choices) Act 2006 commenced, and the rights and responsibilities of corporations that employed staff in South Australia became regulated under a federal system. The Australian Labour Party’s succession into federal Government in 2007 marked the beginning of the dismantling of the Work Choices scheme, despite the Act being held a constitutionally valid exercise of federal Parliament power by the High Court in 2006. The Fair Work Act 2009 came into effect on the 1st of July 2009. Industrial relations now operate under a national system, and Fair Work Australia is now responsible for matters such as the National Employment Standards (NES), minimum wage orders and unfair dismissals.

The South Australian Equal Opportunity Commission was established under the South Australian Equal Opportunity Act 1984, and has the responsibility of hearing complaints from people who have suffered discrimination or sexual harassment in the workplace.

Following the adoption of various human rights conventions by the United Nation in the mid 1960’s, South Australia was the first Australian jurisdiction to enact anti-discrimination laws. The first piece of legislation was the Prohibition of Discrimination Act 1966 which issued a fine of $200 to those who contravened it.

The Sex Discrimination Act 1975, Racial Discrimination Act 1976, Handicapped Persons Equal Opportunity Act 1981 and Equal Opportunity Amendment Act – Sexual Harassment 1997 followed, amongst others. The latest amendments to South Australian legislation (introduced by the Equal Opportunity (Miscellaneous) Amendment Act) provided for reforms such as the expansion of the ground disability to include mental illness and the replacement of the ground ‘transexuality’ with ‘chosen gender’.

ABSOLUTELY NOTHING ON THIS SITE CONSTITUTES LEGAL ADVICE. A WHOLE NEW APPROACH PTY LTD IS NOT A LAW FIRM AND WE ARE NOT SOLICITORS.      

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