Employment lawyers in the Sydney CBD

Unfair dismissal is one of the most common claims made against Australian employers, and it can have a real impact on a business.

It pays to act quickly and professionally — the cost of defending a claim escalates fast. Legal fees, business disruption, reputation and compensation all add up, so you want experienced employment lawyers minimising the disruption and the bill.

Defending a claim well

We work with you to understand the claim and assess its merit, and we assist you in:

• understanding what unfair dismissal is, and the claim made against your business;
• managing the procedural and legal requirements of the application;
• assessing and responding to arguments about the merits of the case; and
• leading the conciliation conference and preparing evidence for any hearing.

Why you need to act quickly

If your business receives an unfair dismissal claim, you must respond within seven days, and your response has to meet specific legal requirements and include all supporting evidence. It should set out:

• the dates the employee started, was dismissed and finished work;
• the reasons for the dismissal;
• your response to the employee's arguments about why the dismissal was unfair;
• any jurisdictional objections you wish to raise; and
• your signature.

The response goes to two places: the Fair Work Commission, and directly to your former employee at the contact details in their original claim. This is a serious matter that needs prompt, professional action — work with lawyers who have defended businesses like yours. Call us for a confidential consultation and find out your best next steps.

Australia has a strong stance against workplace harassment, discrimination and bullying. Employers must not treat employees unfairly, and have a responsibility to protect their staff from antisocial workplace behaviour.

This is a detailed area that turns on the facts — what counts as harassment, discrimination or bullying can vary from case to case, and so can the reasoning behind a decision.

If you've experienced antisocial behaviour at work, or suspect it among your employees, seek professional advice before the matter escalates. We advise both individuals and businesses. Call us to discuss your matter in the strictest confidence and understand your next steps.

Employment contracts in Australia often include a restraint of trade clause to protect business interests after an employee leaves. They're most common in contracts with senior professionals, and in agreements for the sale of a business.

The main types are:

• Non-compete — prevents a person competing with their former employer for a set period, including starting a competing business or joining one.
• Non-solicitation — prevents a person soliciting their former employer's clients for a set period.
• Non-recruitment — prevents a person recruiting their former employer's staff for a set period.
• Confidentiality — prevents a person using their former employer's confidential information.

If you're an individual

You may already have an employment agreement with a valid restraint clause that limits where you can work next. Understand your position before accepting a new contract — breaching a valid clause can leave you liable for damages.

If you're a business

Your confidential and intellectual property deserves proper protection, and a well-drafted restraint clause helps uphold your interests. If you suspect an employee has breached a clause, investigate properly and act within the correct procedural rules — and make sure your standard contract contains reliable restraint clauses you can confidently use with future employees.

Whether you're an individual or a business, speak to one of our partners. We're experts in employment and contract law, and we help clients interpret existing clauses and draft new contracts to suit. Call us for a confidential consultation.

If you're an employee, one of the best protections you can negotiate into an employment contract is a long notice period — if the worst happens, it gives you time to find alternative work.

Fair Work sets strict rules on the notice required to terminate employees, and provides a guideline for severance payments. It's often less than people expect, and it's capped. The rules vary with how long an employee has been with the business, which determines both the notice required and the payment.

Some employees, under Fair Work, can be dismissed without a notice payment at all.

To understand exactly what your options are — as a business or an employee, including negotiating or drafting clauses in a contract — give us a call and we'll work through it together.

When you're running a business, it's important to protect your interests and limit your exposure to employment claims, which can mean both costly legal proceedings and reputational damage.

The best approach is to minimise risk before it arises: trusted advisers you can call when you're unsure, tight contracts, and clear policy documents. These are essential to protect your business from claims brought by employees.

We work with Australian businesses to minimise risk and protect their interests. If you'd like us to review your current contracts, or it's time for a quick consultation about employment-law risks in your industry, get in touch and we'll work through your objectives together.

If you've received a Show Cause letter from your employer, we can advise you on what it means and the best possible response.

Don't let the deadline pass — failing to respond within the time set can itself amount to a valid reason for termination.

These letters are often used inappropriately. We advise both individuals and businesses on the law around Show Cause letters and misconduct allegations.

We're proud of the results we've achieved for state government employees in the New South Wales industrial relations system.

NSW state government employees are covered by legislation that's completely different from privately employed staff. It's important to speak to a lawyer who can guide you through the Industrial Relations Act, the Government Sector Employment Act, the regulations, the rules, the relevant Award, and the policies that apply to your employment.

Whether you're an executive, permanent, temporary or casual state government employee, the law affects you in a particular way, and your situation may be quite different from your colleagues'. Talk to us for a free consultation.