Employment Law
Our Sydney employment lawyers provide expert employment law advice and representation.
Maybe you’re a business taking on new staff or keen to set up Employee Share Schemes? Or perhaps you’ve been let go and want to launch an unlawful dismissal claim? There are many issues that can arise out of the employer-employee relationship.
Whatever the dispute, our team of Sydney employment lawyers can help.
Employment Agreements
Our employment lawyers can help businesses take on new employees and/or update workplace arrangements by:
- Preparing customised employment contracts that are compliant with employment laws, including the Fair Work Act.
- Negotiating the terms of agreements for managers, company directors and other senior employees.
- Updating existing employment contracts with senior employees to include ‘restraint of trade’ clauses prohibiting dealing with confidential information, customers and other staff after their employment has ended.
- Setting up employee share schemes for your company.
- Preparing and setting up enterprise agreements or registered agreements for growing businesses to cover the employment arrangements of employees.
- Creating customised consultancy agreements or independent contractor agreements for non-employees.
Unfair Dismissal Claims and Unlawful Dismissal Claims
Our team of Sydney employment lawyers can assist employees in making unfair or unlawful dismissal claims. On the flipside, we can also advise employers on responding to a claim while minimising the workplace dispute’s impact on operations.
We can assist, advise and represent employees or employers in workplace disputes arising from claims of wrongful termination, including:
- Unfair dismissal applications, wrongful dismissal claims and wrongful termination claims.
- Performance management and termination of employment.
- Breach of employment contracts.
- Adverse action and general protections claims.
- Workplace discrimination and harassment claims.
- Restructuring and redundancy.
Restraint of Trade (ROT)
We can advise employers or employees on post-employment ROT and ‘non-compete’ contract provisions, confidentiality duties, intellectual property protection and business know-how.
We can advise on the options open to you as an employee or employer under the applicable employment law, whether proceeding to court or settling out of court.
What We Do
As Sydney employment lawyers, we provide representation in employment disputes. We can represent you in Fair Work Ombudsman investigations, Fair Work Commission conferences and hearings, or in the Local Court.
There are three main areas of employment law where we can assist our clients:
- Employment agreements
- Unfair or unlawful dismissal claims
- Restraint of trade
Get in Touch with Employment Lawyer in Sydney
Please contact us for further information on how Stevensen Business Lawyers can assist you or your organisation with any employment law matters.
Frequently Asked Questions
FAQs
It is not always necessary for an employer to give three warnings to an employee before terminating their employment. If what the employee did constitutes misconduct, i.e., a deliberate breach of important workplace standards like health and safety or money-handling etc., then the employee may be sacked ‘summarily’ (right here, right now). Even if that’s the case and the employer has decided not to sack the employee this time, he or she may do so next time without any further ado.
If it’s something that’s not misconduct, like inadequate performance, the employer also doesn’t need to give the employee more than one warning. They should give the employee a chance to improve their performance, but only one warning is required and the employee may fail in an unfair dismissal claim.
Bluescope Steel Ltd. V Sirijovski [2014] FWCFB 2593
Depending on the circumstances, this may be construed by the Fair Work Commission as a dismissal (‘constructive dismissal’) because the employer has put the worker in a position whereby the words and actions of management have effectively terminated the employee’s position. This might apply if the employer has demoted the employee improperly, for instance. They could still lodge an unfair dismissal claim.
So even if there might be a highly valid reason for dismissal of the employee, it is best for an employer to follow proper processes such as an investigation and proper warnings to the employee, unless there is another clear basis for summary dismissal of the employee.
Cansu Pilic v Seltec Pty Ltd [2018] FWC 477
Casual employees do have workplace rights. If a business employs them in a consistent pattern, then the employer can’t just let them go by ignoring them. They may still be able to bring an unfair dismissal claim.
Ponce v DJT Staff Management Pty Ltd [2010] FWA 2078
