Our employment lawyers provide employment law advice and representation in Sydney.
We can assist businesses taking on employees or updating workplace arrangements, by:
- Preparing new employment contracts tailored to the role and your organisation to be 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 ‘restraints of trade’ (ROT) 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 Consultancy Agreements or Independent Contractors Agreements for non-employees customised to the particular services and business involved.
UNFAIR DISMISSAL CLAIMS & UNLAWFUL DISMISSAL CLAIMS
We can assist employees to make an Unfair Dismissal claim or Unlawful Dismissal claim, or advise employers on responding to a claim while minimising the 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, wrongful termination claims;
- Performance management, termination of employment;
- Breach of employment contracts;
- Adverse action/general protections claim;
- Workplace discrimination and harassment;
- Restructuring and redundancy.
RESTRAINT OF TRADE
We can advise employers or employees on post-employment restraint of trade (ROT) and ‘non-compete’ contract provisions, duties of confidentiality, and protection of intellectual property and business know-how.
OUR APPROACH TO WORKPLACE DISPUTES
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.
We provide representation in employment disputes in Sydney. We can represent you in Fair Work Ombudsman investigations and at Fair Work Commission conferences and hearings, or in the Local Court.
For further information on how Stevensen Business Lawyers can assist you or your organisation with any employment law matters, please contact us.
Frequently Asked Questions
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.
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