Employment & Industrial

WHAT IS EMPLOYMENT & INDUSTRIAL LAW

Employment and industrial law regulates the legal relationships between employers and employees during, and sometimes after, the employment relationship comes to an end.

Legal advice concerning employment and industrial law and the Fair Work legislation can be sought at any stage of an employment relationship, including:

• Before commencement:
  • Drafting and negotiating terms and conditions of employment, or as an independent contractor
  • Drafting policies and procedures for managing risks such as bullying, discrimination, and harassment
  • Understanding awards, enterprise bargaining agreements, and the national employment standards
• During employment:
  • Disciplinary matters
  • Discrimination based on age, disability, race, religion, and sexual orientation
  • Equal opportunity
  • Pay disputes
  • Promotion and advancement
• Ending employment:
  • Termination
  • Restraints of trade

HOW CAN WE ASSIST IN EMPLOYMENT & INDUSTRIAL LAW

Seeking legal advice early is important, as disputes and breaches of the law can have significant adverse impacts, and the opportunities for an individual, business or company to pursue a claim are typically subject to strict time limits, and may be foregone if the relevant timeframes are not met.

We act for employers and employees alike, and have the ability to identify, prosecute and defend against the legal and factual arguments and counterarguments that arise in disputation from the perspectives of all the parties.  Where an employee seeks to advance an unmeritorious claim, or an employer faces a serious compliance and reputational risk, we will provide the most appropriate advice from the outset.

Our approach is to give accurate, cost-effective, and practical advice on the strength of your position and prospects of success so you can make informed decisions, and achieve the best possible result.

We are experts in advising and handling disputes in employment courts and tribunals, as well as advising on severance and boardroom disputes, corporate governance, and disciplinary matters, that may not be litigious.

We understand that most employment matters can arise unexpectedly and are subject to tight timeframes and our team are accustomed to providing accurate and timely advice.

Employers

Our clients turn to us for our expertise in drafting and reviewing employment contracts, to ensure that the terms and conditions adequately meet the interests of the employer and employee, whilst limiting risks of non-compliance with the legislative and applicable industrial awards.

We draft and review employment agreements and policies and procedures, assess employment claims, and provide advice on all areas of employment law.

We work closely with you to manage employment and risks, protect corporate reputation, and avoid non-compliance with the worker’s rights and entitlements.

Employee

We have expertise in reviewing employment contracts to ensure that the necessary protections are afforded to you, and can advise upon all issues that may arise during the course of your employment.

Areas of our work include:

• Advice on awards, employment contracts, enterprise bargain agreements, Fair Work legislation, long service leave, and superannuation
• Bullying, discrimination and harassment complaints
• Drafting and reviewing employment contracts, and workplace policies and procedures
• Enforcing confidentiality obligations and restraints of trade
• Equal Opportunity matters
• Representation in disputes in the South Australian Employment Tribunal (SAET), and the Fair Work Commission (FWC), including underpayment claims
• Responding to staff misconduct, including theft of client lists, copyright, money, and trademarks
• Performance management, discipline and termination
• Transitioning staff in business sales and purchases
• Unfair dismissal
• Unlawful termination