Employment Law

We understand employees come first, which is why we offer a full suite of services in employment law for both employers and employees.

We often stress to our clients the importance of carefully drafting employment contracts, policies and procedures and contractor agreements and frequently provide pragmatic advice to employers, employees and contractors when it comes to understanding and enforcing workplace rights and entitlements so as to avoid disputes.

If an employment issue arises, we understand the impact this could have on both the employer and employee and work with you resolve it in a quick, commercial and cost effective manner. We help our clients manage poor performance and misconduct in the workplace, lawfully terminate employees and contractors, enforce post-employment restraints, protect confidential information and intellectual property and work through unfair dismissal, redundancy, adverse action and harassment and discrimination claims.

We understand employees come first, which is why we offer a full suite of services in employment law for both employers and employees.

We carefully draft and advise on employment contracts, policies and procedures and contractor agreements. We also provide pragmatic advice to employers, employees and contractors when it comes to understanding and enforcing workplace rights and entitlements.

If an employment issue arises, we work with you resolve it in a quick, commercial and cost effective manner. We also help employers manage poor performance and misconduct in the workplace, lawfully terminate employees and contractors, enforce post-employment restraints, protect confidential information and intellectual property and work through unfair dismissal, redundancy, adverse action and harassment and discrimination claims.

Contracts, Policies and Procedures

Employment contracts, contractor agreements, policies and procedures are essential to creating and managing a healthy work relationship between employers and employees (or contractors).

A well drafted employment contract, contractor agreement and policy and procedure will comply with the National Employment Standards (NES) and applicable modern award and clearly outline what is expected from each party when it comes to duties, remuneration, working hours, entitlements, representations and warranties, confidentiality, intellectual property, policies and procedures, suspension and termination, restraints and restrictions, disputes and grievances and more.

We are often instructed by our clients to prepare template employment contracts, contractor agreements and policies and procedures which can be used without the need to incur further legal fees. We also prepare bespoke/tailor-made employment contracts, contractor agreements and policies and procedures for specific business needs.

We have a wealth of experience in advising our clients in relation to employment law. This allows our clients to capitalise on opportunities, minimise risk so they can focus on developing employee incentives.

How we can help

  • Prepare template and bespoke employment contracts for full-time, part-time and casual employees
  • Prepare template and bespoke independent contractor agreements
  • Assist you to understand your current and ongoing employment obligations and responsibilities
  • Develop policies, procedures and practices for your business
  • Prepare, negotiate and advise in respect to employee incentive/share schemes
  • Provide pragmatic advice to mitigate employment risk

Employee Entitlements

A fundamental understanding of the minimum employee entitlements set out in the National Employment Standards and modern awards is crucial to ensuring employers comply with minimum standards in the workplace.

We often assist clients who are shocked to learn that despite the terms of their employment contract, the NES and modern awards provide specific entitlements and requirements which cannot be varied. These entitlements can relate to minimum wage rates, leave, hours of work, penalty rates, overtime, casual rates, rest breaks, meal breaks, workplace rosters, allowances, flexible working arrangements, individual flexibility arrangements, employee entitlements on a transfer of business and uniform, vehicle and travel entitlements – just to name a few.

We understand that employment law is confusing for both employers and employees. That’s why we help our clients understand the rights and obligations set out in modern awards, national employment standards and the Fair Work Act 2009 (Cth).

We pride ourselves on providing pragmatic advice. We help employees receive their minimum entitlements and employers achieve their desired business outcomes without ending up in a costly and time consuming employment dispute.

How we can help

  • Advise you on your rights and obligations under the National Employment Standards and other workplace entitlements
  • Help you interpret modern awards, legislation and other industrial instruments to ensure you are complying with workplace laws
  • Develop workplace strategies to address uniform, vehicle and travel entitlements
  • Help you calculate, manage and claim leave entitlements
  • Negotiate changes to modern awards through individual flexibility arrangements

Ending Employment

Employment law issues arise, and employment can end, for many different reasons. Whether through resignation, termination or redundancy, when employment comes to an end, employers must adhere to the rules of dismissal, notice and final pay to avoid claims of unfair dismissal, unlawful termination or discrimination.

While we appreciate the desire to resolve employment issues quickly, we often find that employers have great difficulty in understanding and managing the termination of employment. That’s why we provide our clients with pragmatic advice and workable solutions when it comes time to end employment.

If you are dealing with an employee that is underperforming or if you want to restructure your business and downsize your work force, we will work with you to understand your business needs and offer a cost-effective and timely solution so that you can focus on your business.

We are often engaged by our clients to manage the performance and dismissal of employees, which includes preparing internal processes and documentation. This helps our clients can prevent, record and respond to underperformance or serious misconduct.

We also frequently advise our clients in respect to termination of employment and redundancy so that they are equipped to make the right decision when ending employment or restructuring their business. This helps them ensure that they have accounted for the correct notice, final pay and employee entitlements.

How we can help

  • Prepare internal processes and documentation to manage underperformance and serious misconduct
  • Devise performance improvement plans, underperformance meeting plans and performance review discussion plans to prevent or respond to underperformance or misconduct
  • Prepare template and bespoke warning and termination letters
  • Help you understand and calculate notice and final pay requirements
  • Advise you on how to best carry out a termination of employment or redundancy
  • Provide pragmatic advice to mitigate employment risk and prevent unfair dismissal, unlawful termination or discrimination claims

Disputes

If employment disputes are not resolved quickly and effectively, it is not unusual for employees to escalate the dispute to the Fair Work Commission, Fair Work Ombudsman or Australian courts and employers finding themselves needing to respond to a claim for underpayment of wages or other entitlements, unfair dismissal, unlawful termination, adverse action, bullying or discrimination.

We understand that employment dispute can be time-consuming and costly for all parties involved. They often take focus away from your employment or business. If you are involved in an employment law dispute, we recognise the desire for transparency, certainty and success. That’s why we work with our clients to deliver realistic advice and pragmatic solutions to resolve a workplace disputes and ensure that the correct processes and procedures are in place to prevent the future occurrence of similar claims and disputes.

We listen to your concerns, discuss the options available to you, consider realistic prospects of success based on the strengths and weaknesses of your case and collaborate with you to deliver positive solutions.

We have a wealth of experience in bringing and responding to claims of unfair dismissal, unlawful termination, adverse action or bullying and discrimination, enforcing post-employment restraints and restrictions and protecting confidential information and intellectual property in the workplace.

How we can help

  • Advise employers and employees as to their rights, entitlements and responsibilities when it comes to workplace disputes
  • Assist employees to resolve workplace disputes through negotiation, mediation or litigation
  • Assist employers to investigate, manage and resolve workplace disputes to restore workplace cohesion
  • Advise and represent employees and employers in commencing or responding to workplace claims
  • Help employers minimise future employment claims and disputes by developing internal processes and procedures
  • Help employers enforce post-employment restraints and restrictions and protect confidential information and intellectual property