Employment Law

Our Employment Lawyers provide employment law advice and representation to businesses and individuals in Sydney, New South Wales.

Employment Agreements:

We can assist businesses seeking to take on people as employees or to update current workplace arrangements, including by:

  • preparing new employment contracts tailored to the role and your organisation, and negotiating the terms of the agreement for managerial, company directors, and other senior roles;
  • updating existing Employment Contracts with senior Employees to include Restraints Of Trade (ROT) prohibiting the Employee from dealing with customers and other staff, once their employment has ended;
  • legal advice on an Employee Share Scheme for your company, including Corporations law requirements, and preparing the documents for setting it up;
  • for a growing business, we can assist in preparing and setting up an Enterprise Agreement or Registered Agreement covering the work arrangements of multiple Employees.

Our experience is that having tailored employment contracts and other documents in place can help a business manage legal risk in the workplace. We can also create Consultancy Agreements and Independent Contractors Agreements for non-employees customised to the particular services and business involved.

Unfair Dismissal claims & Unlawful Dismissal claims:

What can our Employment Lawyer do to assist an individual make an Unfair Dismissal claim or Unlawful Dismissal claim, and for an Employer to respond to a claim whilst minimising the impact on everyday operations?

We can assist, advise, represent an Employee or Employer in resolving workplace disputes arising from claims of wrongful termination. They include:

  • Unfair dismissal applications, wrongful dismissal claims, wrongful termination;
  • Performance management, termination of employment;
  • Breach of an employment contract;
  • Adverse Action/General protections claim;
  • Workplace Discrimination and harassment;
  • Redundancy.

Restraints of Trade:

We advise Employers and Employees on post-employment restraint of trade (ROT) and non-compete provisions, duties of confidentiality and protection of intellectual property and know-how.

Our approach to workplace disputes:

We can advise on the various options open to you as an individual or organisation under the applicable employment law and discuss with you which course to take, including possibly settling out of court, where appropriate.

We provide representation in employment disputes in Sydney. We can represent an individual or organisation in Fair Work Ombudsman investigations and at Fair Work Commission conferences and hearings, in the Local Court (Sydney), including responding to the employee’s claims for damages and compensation.

For further information on how Stevensen Business Lawyers can assist you or your organisation with any employment law matters, please contact us.

Some common myths about employment law:

  1. It has to be three strikes before you’re out.

We don’t play a lot of baseball down here, but nevertheless, this myth seems to pop up all the time. Your employer has just warned you that something you’ve done at work is a no-no. You stride confidently into the lunchroom, thinking ‘No problem, I’m not gone until the third warning.’

Sorry, it’s not quite so simple. Firstly, if what you did constitutes misconduct, i.e. deliberate breach of important workplace standards like health and safety or money-handling etc., then you might be the luckiest person in the place because you could have been sacked ‘summarily’ (right here, right now). Even if that’s the case and the boss has decided not to sack you 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 boss also doesn’t need to give you more than one warning. They should give you a chance to straighten up and fly right, but only one warning is required and you may fail in an Unfair Dismissal claim.

Bluescope Steel Ltd. V Sirijovski [2014] FWCFB 2593

  1. In a heated workplace dispute, once your employee starts shouting words to the effect of ‘You can stick your job where the sun don’t shine’, you’re home free because they’ve resigned.

Sorry, it ain’t necessarily so. Depending on the circumstances, this may be construed by the Fair Work Commission as a dismissal (‘constructive dismissal’) because you have put the worker in a position where you by your words and actions have effectively terminated their position. This might apply if you have demoted them improperly, for instance. They could still lodge an Unfair Dismissal claim.

Cansu Pilic v Seltec Pty Ltd [2018] FWC 477

  1. If my employee is a casual, I can sack them any time I like, or just not rehire them.

Believe it or not, casual employees do have workplace rights. If you employ them in any sort of consistent pattern, then you 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