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In light of the above, a recommendation under the Industrial Relations Act 1969 does not serve to create enforceable legal rights or monetary awards. An employer’s failure to object to an investigation within the specified timeframe does not affect this position. However, this provision only applies to legislation listed in schedules five and six of the Act, neither of which allow for the enforcement of a trade dispute under Section 13 of the Industrial Relations Act 1969. Section 43 of the Workplace Relations Act 2015 provides for enforcement of WRC determinations in the District Court. We receive frequent enquiries in relation to the enforceability of such referrals under the Industrial Relations Acts, particularly in situations where the WRC has recommended an award of monetary compensation as a means a resolving a trade dispute. This is a statutory requirement, and if the objection is not received within the required timeframe or in the required format, it will not be deemed invalid for the purposes of the Act and a hearing in relation to the dispute will be arranged. Section 36(1) of the Industrial Relations Act 1990 provides for an objection to the investigation to be made by an employer.Ĭrucially, this objection must be received in writing by the commission within three weeks of the date of notification. In effect, this provision allows any dispute between an employer and an employee to be referred to the Workplace Relation’s Commission for investigation. Section 3 of the Act then provides that an Adjudicator may “investigate” the trade dispute with a view to ultimately making a “recommendation” in relation to the matter.Ī “trade dispute” is broadly described within the 1969 Act, and encompasses any “dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”. Under Section 13(2) of the Industrial Relations Act 1969, an employee may refer a “trade dispute” to the Workplace Relations Commission. Are you confused about the connection between the Industrial Relations Act and the Workplace Relations Commission? We guide you through the relevant information you need to know. The firm has offices in Los Angeles, San Francisco, Fresno, San Diego, and Sacramento. Liebert Cassidy Whitmore is a labor and employment law firm and provides comprehensive, responsive, and highly competent legal advice, representation, litigation services, negotiations and training to public entities, educational institutions and non-profit organizations throughout California.
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Liebert Cassidy Whitmore congratulates Megan, Ronnie, and Alysha on this well-deserved honor. Alysha also represents public agencies in disciplinary hearings before the Office of Administrative Hearings (OAH) and in employment relations matters before the Public Employment Relations Board (PERB). She has litigated cases involving discrimination, harassment, and retaliation in the employment context due process right-to-work and union fee issues student and employee disability interactive process and accommodations issues and the Public Employees’ Retirement Law. Ronnie also regularly represents public employers before the Public Employment Relations Board (PERB), the Los Angeles County Employee Relations Commission (ERCOM), and the Employment Development Department (EDD).Īlysha Stein-Manes represents public agencies and non-profit and public educational institutions at all levels of the litigation process in state and federal court. He represents cities, counties, and public schools in legal matters arising out of public employment, including issues pertaining to discrimination, harassment, wrongful termination, and retaliation. Ronnie Arenas assists clients in matters pertaining to labor and employment law. She focuses her practice on public safety employment issues, including the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act.
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Megan assists clients throughout the disciplinary process, from the initiation of an investigation through termination. She regularly defends against claims of discrimination, harassment, retaliation, and wage and hour violations. Megan Atkinson represents public entity clients in labor and employment law matters. Nominees are selected through a rigorous peer-review process and must be in good standing with their local bar associations.
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Megan Atkinson was selected for Labor and Employment Law – Management, and Ronnie Arenas and Alysha Stein-Manes were selected for Litigation – Labor and Employment.īest Lawyers’ “Ones to Watch” list is a recognition given to attorneys for their outstanding professional excellence who have been in practice for 5-9 years. LOS ANGELES – Liebert Cassidy Whitmore (“LCW”) is pleased to announce three Los Angeles associates have been named to Best Lawyers’ inaugural “Ones to Watch” list.