Employment Lawyers for Australian Employers

Before ending an employee’s employment, it is important to consider whether there is a valid reason, whether a fair process has been followed and whether the proposed termination could create additional legal risk.

We advise on:

• performance and conduct concerns;
• disciplinary processes;
• serious misconduct;
• probationary employment;
• redundancies and restructures;
• abandonment of employment;
• medical incapacity;
• notice and final entitlements;
• termination letters and meeting processes; and
• potential unfair dismissal, general protections and discrimination risks.

Where appropriate, we can assist throughout the process, including preparing correspondence and attending termination meetings.

Receiving a Fair Work Commission application can be stressful and disruptive. Strict response deadlines often apply, and decisions made at the beginning of a matter can affect the organisation’s position later.

We represent and advise employers in relation to:

• unfair dismissal applications;
• general protections disputes;
• adverse action claims;
• workplace bullying applications;
• flexible work disputes;
• stop sexual harassment applications;
• representation applications;
• conciliation conferences;
• jurisdictional objections; and
• settlement negotiations and deeds of release.

We help employers prepare their response, identify the key factual and legal issues and approach the matter strategically.

Some employment disputes proceed beyond the Fair Work Commission and require representation in the Federal Circuit and Family Court of Australia or the Federal Court of Australia.

We advise and represent employers in matters involving:

• general protections and adverse action claims;
• alleged breaches of the Fair Work Act 2009 (Cth);
• underpayment and civil penalty proceedings;
• unlawful termination claims;
• workplace discrimination claims;
• breach of employment contract disputes;
• applications for injunctions or urgent relief;
• small claims proceedings;
• responses, defences and interlocutory applications;
• mediation and settlement conferences; and
• hearings and trials.

We assist employers from the early assessment of the claim through to preparing pleadings, evidence, submissions and settlement strategy. Where appropriate, we also brief and work closely with barristers to ensure the matter is presented effectively and efficiently.

Workplace Investigations

Workplace complaints must be addressed promptly, impartially and consistently with procedural fairness.

We assist with investigations involving:

• bullying and harassment;
• sexual harassment;
• discrimination;
• misconduct;
• conflicts of interest;
• breaches of policy;
• child safety concerns;
• workplace health and safety issues; and
• complaints against managers or senior employees.

Our involvement may include advising on the investigation process, preparing allegations, reviewing evidence, conducting an independent investigation or advising on the findings and disciplinary response.

Performance and conduct issues should be managed carefully before they escalate.

We assist employers with:

• performance improvement plans;
• formal warnings;
• show cause processes;
• disciplinary meetings;
• responses to employee explanations;
• failure to follow lawful and reasonable directions;
• inappropriate workplace behaviour;
• repeated performance concerns; and
• decisions following an investigation.

Our advice helps ensure the process is clear, properly documented and proportionate to the circumstances.

Well-drafted employment documents help establish clear expectations and reduce disputes.

We prepare and review:

• employment contracts;
• executive employment agreements;
• casual and fixed-term contracts;
• letters of offer;
• position descriptions;
• confidentiality provisions;
• intellectual property clauses;
• restraint of trade provisions;
• workplace policies;
• employee handbooks; and
• contract variation letters.

We also help employers update their documentation when legislation, awards or workplace practices change.

Modern Award compliance can be complex, particularly where employees perform different duties, work irregular hours or receive annualised salaries and allowances.

We advise on:

• modern award coverage and interpretation;
• employee classification;
• minimum wages;
• overtime and penalty rates;
• allowances;
• annualised wage arrangements;
• hours of work;
• breaks;
• leave entitlements;
• record-keeping obligations;
• payroll compliance;
• underpayment concerns; and
• responses to Fair Work Ombudsman enquiries.

We can review existing arrangements and help identify and address compliance risks.

Incorrectly classifying a worker as an independent contractor may result in liability for unpaid wages, leave, superannuation and other statutory entitlements.

We advise businesses on:

• employee and contractor classification;
• contractor agreements;
• sham contracting risks;
• labour hire arrangements;
• casual employment;
• fixed-term employment; and
• changes to working relationships.

You do not need to wait until a claim has been made.

Early legal advice can help an employer:

• identify legal and commercial risks;
• preserve relevant evidence;
• communicate with the employee appropriately;
• avoid procedural errors;
• determine whether further investigation is required;
• prepare defensible correspondence; and
• make an informed decision before taking action.

Seeking advice early is particularly important when the matter involves termination, workplace complaints, parental leave, illness or injury, discrimination, workplace rights or safety concerns.