Covid-19 vaccination – What are my rights?

Whilst the government is endeavouring to steer a course to keep us as safe as possible during these unprecedented times, some may feel that our rights are being diminished.

The attached Factsheet may answer some of your questions.  For more details on your rights, see our “links” page for the website for Queensland Human Rights Commission.

If you are experiencing difficult consequences in this regard and need our help, please call or email us.

Can I have a face to face meeting if I do not have the COVID 19 vaccine Certificate?

Commencing 17 December 2021, in order to prevent the spread of Covid, SMA will require clients to produce proof of vaccination before attending our office for consultations and conferences. 

If you are unvaccinated, SMA will conduct all consultations and conferences via TEAMS or Telephone as a necessary public health measure aimed at restricting infection.

During these challenging and difficult times SMA is committed to our people, our clients and all our families and friends.    We thank you for your understanding.

Does SMA accept service by email & are there any size restrictions?

Many people around the world are now working from home and have access to systems as if they were in the office, but with widespread travel restrictions it is no longer feasible to accept hard copy letters or service of legal proceedings at our offices.

We do however, now accept service of all documents by email as long as you send them to the email address of the SMA lawyer who is handling your matter with a cc to admin@susanmoriarty.com.au, any attachment must be less than 20Mb, and you receive no out-of-office message or other system message signifying that the lawyer has not seen your email. 

Are you open during COVID-19?

Susan Moriarty and Associates remains open and operational during the worldwide pandemic of COVID-19. Under the Queensland Government legislation, law firms are classified as an essential service. So here at SMA, our solicitors and support staff are working normal business hours. All appointments can be scheduled by Zoom, Microsoft Teams, or via telephone. To book now, contact us on 07 3352 6782 or email us at admin@susanmoriarty.com.au

Can I check in to your office?

Susan Moriarty and Associates now has the Check-In QLD code displayed at the front of our office so that all clients and guests coming into the office can register their attendance via the QR Code available. For those who do not have the app available to them, we also still have our sign in register book situated on the top of the front desk. We ask that you remain aware of the social distance rules when signing in but thank you for your cooperation with the current legislation around COVID-19.

What is your experience?

We have specialised in employment law for 20 years.

Susan Moriarty is a former political adviser to the State Attorney General and co-ordinated the introduction of Queensland’s first human rights legislation including Right to March legislation, Freedom of Information and Judicial Review. In 1993, she was promoted to 2IC in the Freedom of Information and Administrative Law Division.  In 1996, she was appointed Principal Legal Adviser to the Queensland Anti-Discrimination Commissioner, Karen Walters and in 1998 was promoted to Executive Manager, Human Rights and Administrative Law Branch. In 1999, she established her own law firm specializing in human rights and employment law advocacy for government officers.

She has been the Principal of Susan Moriarty & Associates for more than the past 20 years.

In 2014 her firm was named by Corporate International Magazine in their Global Awards as the Australian Employment Discrimination Law Firm of the Year which was awarded to the firm for their work on behalf of sexual assault victim, Chartered Accountant, Jemma Ewin, who convinced the Federal Court to award record general damages of $110,000 for sexual harassment which included one count of forced sexual intercourse.  In 2015, the firm won the award again this time for successfully defending the Federal Court finding that a ‘pub’ could constitute a ‘workplace’ under the Sex Discrimination Act if the discussions included work matters.  Please read the testimonials volunteered by past clients.

How soon can you see me?

There are timelines that have to be met in some cases.  For example, you have 21 days in which to lodge an Application alleging unfair dismissal and 12 months in which to lodge a discrimination complaint in the Queensland Commission.  We will meet with you as soon as possible in order to ensure you don’t miss any timelines.

How can I be sure you will win my case?

Fact is – you cannot.  No one can give you that promise.  Be wary of people who tell you that they can win your case.  Our promise to you is to do everything we can to negotiate the very best outcome for you.  Sometimes that means negotiating a private settlement of your dispute with your employer.  Sometimes it means commencing legal proceedings.  No matter what you decide, from amongst the options we discuss with you, we will support you and advocate for you to achieve that goal.

How long will it take to help me?

We have been able to help some clients in a matter of weeks.  In other cases, it has taken several months.  In a few cases, where there has been litigation, it has taken some years to achieve justice.  Very much depends on the kind of workplace grievance in which you are involved and on which you are seeking our representation and assistance.  Very much depends, too, on what you want out of the process.  If you want to negotiate a private settlement that can take a matter of a few weeks.  But if you are seeking substantial damages for discrimination or dismissal, that can take one to two years if your employer refuses to settle out of court.

Do you do no win no fee?

Susan Moriarty and Associates do not operate on a no win, no fee basis. There are several reasons no we do not offer this service. No win, no fee is based on a number of assumptions. Firstly, NWNF means that you only pay the lawyer/solicitor if you win. No payments are made for a lost claim except in some cases where additional fees are involved as per the agreement with your legal representative. Legal submissions and ‘external’ fees can be costly and you should consider these when you are considering NWNF.

It is also important to recognize that you may also lose your case and be required to pay the opposing party. This alone can be costly. It is often that NWNF cases are “long shots” – that is there is only a small probability of winning but the “rewards” to both yourself and your legal team may be large.

You should also be careful thinking that any legal firm is suitable if you choose NWNF. It is important that you deal with a reputable, experienced firm and you should read the firm’s testimonials. This is a good way to determine whether your chosen firm is suitable.