Employment Law

When Employment Law issues arise, time is critical.

If you’re an Employee, the Fair Work Act 2009 (Cth) offers significant protections and entitlements.

However, if you are an Employer, your ability to protect your business interests in employment matters is mostly dependent on:

  • Enforcement of the terms of your contracts of employment,
  • Your understanding and knowledge of the Modern Awards your employees are employed under, and
  • A detailed level of understanding of your obligations under the Fair Work Act 2009 (Cth) and other State based employment legislation such as the Long Service Leave Act 1955 (NSW).

Properly prepared and enforceable Employment Contracts and a detailed level of understanding of relevant Modern Awards and the Fair Work Act 2009 are critical to protecting your business from unwanted disputes with disgruntled employees. Through having a sufficient level of understanding of their obligations and responsibilities, employers are able to take preventive steps to ensure that disgruntled employees do not commence proceedings against them in the Fair Work Commission.

When employees have access to important confidential information or are responsible for establishing or maintaining key client relationships, businesses can suffer substantial losses if the employee leaves and uses the information or relationships to benefit themselves or another employer. Ensuring that employers have adequately drafted restraints of trade and confidentiality clauses is paramount to protecting all the goodwill of your business walking out the door with an existing employee. It is important to note that ambiguous confidentiality clauses and unreasonable restraint clauses are unenforceable or problematic at best.

Employment Services

Whilst Employee’s rights are largely entrenched in the Fair Work Act 2009 (Cth), properly prepared and enforceable Employment Contracts are essential for business protection.

Employers

We regularly assist employers in ensuring they have adequately drafted Employment Contracts and are aware of their rights and obligations under Employment Contracts and Modern Awards. Through working with our business partners, we operate proactively to best protect their business interests.

We are able to assist Employers with:

  • Drafting and enforcing Employment Contracts including post-employment restraint of trade and confidentiality clauses,
  • Fair Work Act 2009 (Cth) advice,
  • National Employment Standards advice,
  • Long Service Leave claims,
  • Award Interpretation and application,
  • Termination of Employment,
  • Serious Misconduct termination procedures,
  • Redundancy procedures,
  • General Protections claims,
  • Unfair Dismissal claims under the Fair Work Act 2009 (Cth),
  • Small Business Fair Dismissal Code, and
  • Sale of business and transferring employee issues (particularly in relation to their entitlements).

Employees

We are able to assist employees with:

  • Recovery of unpaid wages and entitlements,
  • Long Service Leave claims,
  • Interpretations of Awards or contracts,
  • Termination of Employment,
  • Unfair Dismissal claims under the Fair Work Act,
  • Unlawful Dismissal.
  • Workplace bullying.
  • Workplace harassment, and
  • National Employment Standards and the new minimum entitlements,

How We Help

We help Employers to protect their interests and Employees to enforce their rights.

Our Employment Lawyers assist both employers and employees in a broad range of workplace issues. We understand and value the importance our clients place on establishing and maintaining cohesive, constructive employment relationships.

In an area of law that is constantly changing we will ensure that we provide you with clear, concise, timely legal advice to enable you to make informed commercial decisions.

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