Kate. The Newcastle Lawyer

Kate. The Newcastle Lawyer Newcastle | Hunter | Central Coast | Sydney. Criminal & Traffic Law | Employment Law.

Workplace bullying...💼Workplace bullying creates a risk to work health and safety, which can have major psychosocial and...
03/12/2024

Workplace bullying...💼

Workplace bullying creates a risk to work health and safety, which can have major psychosocial and psychological effects on workers' mental health.

Bullying in the workplace is not acceptable, and Australia has laws found in the Fair Work Act 2009 (Cth) that hold remedy for workers who are subject to such conditions.

The first thing to remember is that if you are being bullied in the workplace, it is not professional and generally flows from fragile egos. A workplace is a space that one can expect to be treated with fairness, respect and dignity. And nothing less should be accepted.

Examples of behaviour that may be workplace bullying if they are repeated, unreasonable, and create a risk to work health and safety include the following:

💼 abusive, insulting or offensive language or comments;
💼 unjustified criticism or complaints;
💼 deliberately excluding someone from workplace activities;
💼 withholding information that is vital for effective work performance;
💼 setting unreasonable timelines or constantly changing deadlines;
💼 setting tasks that are unreasonably below or beyond a person's skill level;
💼 denying access to information, supervision, consultation or resources to the detriment of the worker.

If you are facing any of the above, get in touch to discuss your options.

Client Review.. ⚖️ In my practice areas, clients who come to me are generally at their most vulnerable. It is always my ...
03/12/2024

Client Review.. ⚖️

In my practice areas, clients who come to me are generally at their most vulnerable. It is always my ultimate goal to assist clients with a compassionate approach paired with strong and prompt communication.

It's a privilege to be a lawyer, not a right, the duty the role expects, should be treated with the highest of consideration while assisting the clients we serve.

A welcomed change to the Local Court landscape..⚖️ Amendments to the Local Court Act 2007 have revealed that magistrates...
28/11/2024

A welcomed change to the Local Court landscape..⚖️

Amendments to the Local Court Act 2007 have revealed that magistrates within the NSW Local Court will now be formally referred to as judges.
The NSW government aims for this change to recognise the "seriousness and volume of work" performed by this jurisdiction.

In recent years, the NSW local courts have experienced a notable increase in both the "volume and complexity" of their workloads. In 2023, a total of 376,160 general crime matters were initiated, representing a 1.8 per cent increase from the previous year and a 39.7 per cent rise since 2012. Civil cases also saw a notable surge, with a 25.4 per cent increase from 2022, resulting in 64,904 new matters being commenced.

Information source: lawyers weekly.
Cessnock Local court pictured above.

What does use a carriage service to harass mean? 📵 Using a carriage service to harass or menace is a commonwealth offenc...
23/11/2024

What does use a carriage service to harass mean? 📵

Using a carriage service to harass or menace is a commonwealth offence under 474.17 of Criminal Code contained in schedule one of the Crimes Act 1914 (Cth).

Examples of using a carriage service to menace or harass could include: Dialling someone from a private number and yelling insulting or threatening words to the person that answers the phone; Sending abusive, rude, or derogatory text, Facebook, or Instagram messages to a former ex-partner and/or friend.
Courts treat these matters extremely seriously, particularly if the offence has been committed within the context of a current or former domestic relationship.

If you have been charged with this offence, it is recommended that you seek legal advice to discuss your options. ✔️

Workplace Law. 💼What is the right to disconnect?Australian employees will now have a 'right to disconnect' following sig...
23/11/2024

Workplace Law. 💼
What is the right to disconnect?

Australian employees will now have a 'right to disconnect' following significant amendments to the Fair Work Act 2009.

This new legislation aims to establish clear boundaries around out-of-hours work communication. For small business employers (as defined in section 23 of the FW Act) who were in business on this date, the right to disconnect will come into effect a year later, on 26 August 2025.

Nothing beats a happy client and a great outcome. ⚖️
21/11/2024

Nothing beats a happy client and a great outcome. ⚖️

When the force is not with you and you end up getting arrested, keep these steps in mind. ⚖️1. Stay calm, do not resist,...
21/11/2024

When the force is not with you and you end up getting arrested, keep these steps in mind. ⚖️

1. Stay calm, do not resist, everything you do will be used against you, and might land you with additional charges.

2. Provide your name and address when requested, you cannot withhold this.

3. Ask to speak to a lawyer before you answer any questions.

4. Repeat step 3.

5. If you are not able to speak to a lawyer, decline the opportunity to interview until you do.

6. Remember, anything you say, can be used against you. It is important to seek legal advice regarding your situation to avoid potentially incriminating yourself further.

⚖️Criminalising Intentional Wage UnderpaymentsStarting in January 2025, changes to workplace laws will make the intentio...
21/11/2024

⚖️Criminalising Intentional Wage Underpayments

Starting in January 2025, changes to workplace laws will make the intentional underpayment of wages by employers a criminal offence.

Employers will be considered to have committed an offence if they are required to pay an amount to an employee-such as wages, or contributions to superannuation-under the Fair Work Act or an industrial instrument, and they intentionally engage in conduct that leads to their failure to pay those amounts by the due date.

If you suspect that you are currently being intentionally underpaid, please reach out to discuss your options.

Client focused, outcome driven ⚖️
21/11/2024

Client focused, outcome driven ⚖️

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Newcastle, NSW

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