Employment and workplace relations law issues can often be complex and confusing, even to lawyers. Our Employment and Workplace Relations team take a practical and commercial approach to providing legal advice on all employment, industrial relations and occupational health and safety matters.
We are committed to providing straightforward advice to help our clients achieve their desired outcomes. By taking the extra time to understand our clients’ needs and goals, our lawyers are able to effectively assist them to maintain legal compliance, strong business performance and harmonious workplace relationships.
We assist in all matters related to:
- Drafting employment contracts, executive service agreements, enterprise agreements and independent contractor agreements
- Unfair dismissal and adverse action claims
- Advice re termination of employment, including redundancy, serious misconduct and performance management issues
- Bullying and harassment complaints
- Discrimination complaints
- Occupational health and safety, including processes, compliance, risk management, investigations and prosecutions
- Advice re: minimum employment entitlements and conditions, including under legislation, modern awards and enterprise agreements
- Drafting and advice for workplace policies and procedures
- The enforceability of post-employment restraints
- Enterprise bargaining and industrial dispute resolution
- the employment implications of sales of business and other corporate transactions
- Union right of entry
- Statutory superannuation obligations
Workplace Law FAQs
If you have been terminated without notice or warning by your employer then you may have rights to bring an unfair dismissal claim or a general protections claim against your employer.
If your employer has imposed a restraint in your employment contract (and there is a sound commercial reason for your employer to do so) but the terms of your restraint are too harsh or onerous (you still have to earn a living!), you should seek advice before signing a new employment contract or before resigning from your current position as there may be repercussions for you and you may be restrained from competing against your employer for a set period of time.
At the time your employment is terminated, either by you or your employer, it is common practice for an employer to request that you sign a release stating that you will keep everything you learnt or created during the term of your employment confidential. This may already be covered in your employment contract and may be unnecessary additional paperwork for you to sign or you may be consenting to an additional term without realizing. You should seek advice before signing a release at the termination of your employment.
If you feel that you have been bullied by your employer and/or your colleagues, you have to consider the type of behavior and whether it is a ‘one off’ or ongoing. Is the behavior occurring in the workplace or outside the workplace? (i.e. text messages, social media). Is the behavior causing you physical, emotional and/or mental distress? You may have a claim against your employer and/or colleagues under workplace legislation and should seek advice immediately.
Should you need to terminate the employment of an employee for any reason but do not have an employment contract, the termination will be governed generally by the National Employment Standards (NES) or an applicable award. Obtaining legal advice before terminating the employment of an employee is the best way to protect yourself!