LEGAL AID NSW - Employment Law Services Who we are The Employment Law Service is a specialist service of Legal Aid NSW. We provide free legal advice, assistance and representation for workers with employment law problems. We will be providing outreach legal advice clinics in 2014 at Coffs Harbour on the following dates, at which we can provide face to face or telephone advice to clients as described below: Thursday 16 January 2014 Thursday 20 February 2014 Thursday 20 March 2014 Thursday 24 April 2014 Who we can help We can help all types of workers, including: full time workers part time workers casual workers government workers young workers contractors workers on visas How we can help We give advice about many types of employment law problems, involving: wages and entitlements leave superannuation dismissal redundancy discrimination issues affecting contractors Important information about workplace injuries and safety Legal Aid NSW does not give advice on workplace injury matters. If you need this type of advice you should contact a private practice solicitor as soon as possible. Time limits apply to workers compensation claims - this means that you must get advice quickly. Contact details for private solicitors can be obtained from the Law Society of NSW www.lawsociety.com.au or call 02 9926 0333. If you have concerns about health and safety in your workplace you can contact WorkCover NSW www.workcover.nsw.gov.au or call 13 10 50. You can also call LawAccess on 1300 888 529 for information and referrals about workplace injuries. Representation We can provide representation in employment law legal proceedings in the Fair Work Commission and the Courts for workers who are eligible for legal aid. There is also a great self help site available at the following Law Assist link: www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_employmentrights.html How to get help We provide employment law advice in our offices that provide civil law advice throughout NSW contact . You should call first to check that we can help you and make an appointment if necessary. I f you are not sure which office to contact call LawAccess NSW on 1300 888 529. Do you need advice? If you need employment law advice you can contact LawAccess NSW on 1300 888 529 or book an appointment on 6651 7899 with the Employment Law solicitor providing free legal clinics from the Coffs Harbour Office in person or by telephone on the following dates:- Thursday 16 January 2014 Thursday 20 February 2014 Thursday 20 March 2014 Thursday 24 April 2014 Education We give seminars on areas of employment law for groups of workers, community organisations and community workers. If you would like us to give a seminar, please contact the Community Legal Education team: cle@legalaid.nsw.gov.au. Please advise your CLSD co-ordinator if you would like to receive education in an employment law area. Other employment law information You can find employment law related information on the LawAccess website www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_employmentrights.html Do you need information about wages and entitlements? Information about wages, entitlements and workplace rights is available from the Fair Workplace Ombudsman www.fwo.gov.au You can complain to the Fair Workplace Ombudsman about breaches of workplace laws or the failure to pay legal wages and entitlements. Are you a member of a Union? If you are having problems in your workplace and you are a member of a Union, you should seek help from your Union before contacting Legal Aid NSW. For more information about Unions and Union membership contact Unions NSW. Important information about dismissals If you think you have been unfairly dismissed you can make a claim with the Fair Work Commission, www.fwc.gov.au You must make your claim within 21 days of dismissal. If you think that your dismissal was discriminatory or happened because you raised your workplace rights you can also make a claim with Fair Work Commission www.fwc.gov.au. You must make your claim within 21 days of dismissal. You may not be able to obtain an appointment with Legal Aid NSW before these time limits expire. For more information you can contact Fair Work Commission www.fwc.gov.au NEW YEAR & CHRISTMAS DEBT: WHAT TO DO? If you have clients suffering debt, ie credit card debt, energy debts, telephone debts which all seem to compound after Christmas and New Year, what to do – well a great free option available is to seek financial counselling, however if the debts are more complex or you feel that there is an unlawful component free legal assistance is also available. Financial counselling is a free community service provided by financial counsellors working in non-profit organisations that assist consumers who are experiencing financial problems. A financial counsellor is a worker who acts without a conflict of interest, as a negotiator and an advocate on behalf of people who are at financial risk. Financial counsellors, during the counselling process are able to educate and pass on skills to consumers as to their rights and responsibilities when using credit and other marketplace services and empower the consumer through this knowledge. Financial counselling is a unique type of service, merging a number of skills into a personalised “counselling” situation. The counsellor treats the concerns of the consumer in a holistic manner, viewing the social and health issues alongside the financial problems and assisting with appropriate referrals. Financial counsellors have knowledge of para-legal issues however, they are not legally qualified to give advice on legal matters. Financial counsellors work closely with community organisations and have a highly developed referral network. Consumers in crisis who require food vouchers, assistance with electricity and water payments, personal counselling for family issues, legal advice and mental health services will be appropriately referred. Financial counselling goes further than the crisis intervention model, as the role of financial counselling is that of social justice, where the problems of consumers are perceived as social problems. The role of the financial counsellor is to affirm the rights and dignity of the individual. Financial counsellors do not view the individual’s problems in isolation but work towards changing attitudes, laws and institutions so that the individual consumer in society has more equal rights and powers within the market place. Financial counsellors in New South Wales are accredited with the Financial Counsellors’ Association of NSW Inc (FCAN). There are strict rules as to who may be a financial counsellor, primarily that financial counsellors hold no allegiance to the credit industry and act solely out of interest for the well-being of the consumer. Only financial counsellors who are not funded by, or employed by, credit providers are eligible for membership. Service provision must also be free of charge. Financial counsellors must have successfully completed an accredited training program and continue to attend a specified amount of training each year. Financial counsellors must also have regular supervision from an FCAN accredited supervisor and must be covered by a professional indemnity insurance policy. As well as supporting and educating the client in various forms, a financial counsellor can provide the following for their clients: A full assessment of their financial situation, including regular income and expenditure, assets and liabilities. Information as to entitlements to government forms of assistance. Information and options for change and improvement. The ability to negotiate on behalf of the client with credit providers, government agencies and other business providers. Information on credit laws, the debt recovery process, bankruptcy and other areas of legislation such as superannuation, insurance and harassment to name a few. Financial counselling is a worthwhile and valuable community service that is able to empower and assist clients to gain control of their financial situation. Mid North Coast Financial Counselling Service provides free financial counselling in the Kempsey, Nambucca, Macksville. Appointments can be made by ringing 1300 662 540. Indigenous financial counsellors are available on request. For more complex matters you can contact any of the following free legal services for advice (available on various days in various locations):- LawAccess NSW on 1300 888 529 In Kempsey, Mid North Coast Community Legal Centre on 6580 2111 In Kempsey, Nambucca and Macksville Legal Aid NSW on 6651 7899