Employment Law


Employment Law

We are experienced litigation lawyers who can assist both employers and employees with employment law matters and disputes of all types including:

  • Drafting or reviewing employment contracts, policies and procedures or work health and safety documentation;
  • Advice before or after termination of employment, including illegal or unfair dismissal or general protection claims;
  • Representation in the Fair Work Commission;
  • Advice on the Fair Work Act, National Employment Standards or Awards;
  • Enforcement of restraint of trade provisions;
  • Advice on performance management processes and procedures; and
  • Advice on or external reporting for investigations relating to workplace complaints.

Legal Advice For Employers

We can protect your business through early and expert legal advice catered to your business. A properly drafted employment agreements may be the difference between an amicable separation or a dispute with your former employee which may cost you thousands.

An employment agreement drafted with your business in mind will:

  • ensure your business experiences a smooth transition when changing staff or growing;
  • protect you and your business from litigation for claims in unfair dismissal or general protection claims under the Fair Work Act;
  • allow you to properly performance manage staff including through to termination if necessary;
  • stop employees leaving your business to open a business right next door through restraint of trade provisions;
  • protect your client lists and business knowledge after an employee leaves through confidentiality clauses that continue post-employment.

There are a number of considerations under the Fair Work Act when dealing with staff entitlements, underperformance, misconduct or inappropriate behaviour. We can walk you through how to avoid successful challenges by staff following disciplinary action or termination. We can also assist with workplace investigations should the need arise.

If you receive notice of an application for unfair or unlawful dismissal by an employee after termination, you should contact us as soon as possible to ensure that you meet all time limits for a reply and have the right advice before responding.

Employment Law For Employees

For employees, Advocate Lawyers is here to assist you in understanding your rights and obligations while at work. We are experienced in acting for employees in employment disputes, including actions for unfair dismissal or where they feel they have been treated unfairly.

We can assist with advice on any areas of your employment including:

  • Advice on new employment agreements and conditions;
  • Where you believe that you have been dismissed unfairly;
  • Where you are looking to leave your employment but want advice on how your employment contract may affect you;
  • Where you think that the treatment you are receiving at work may be unfair or illegal; and
  • If you think that you are being forced out of the workplace and see no option but to leave.

Whether you are starting in a role or have questions after being with an organisation for years, we understand that sometimes things just aren’t clear. Contact us for an initial discussion about how we can help you.

Have you been dismissed?

If you have been dismissed or left your job suddenly and think you might have a cause of action then you should contact us as soon as possible as strict timeframes apply to applications in the Fair Work Commission or the Workers Compensation Commission.

Get in touch for an initial consultation with a lawyer