The Problems People Bring to Us
Your contract is a legally binding promise, in both directions. The disputes we see most are:
- A promised benefit not delivered: a pay rise on promotion, a bonus or commission, a vehicle, accommodation or an allowance.
- Unilateral changes: a pay cut, a stand-down, or a change to hours or duties you never agreed to.
- Notice: the employer paid less notice than your contract required, or none.
- Fixed-term and senior contracts, where a promised extension or promotion did not happen.
- Claims against you: an employer demanding repayment of training, relocation or visa costs, or alleging overpaid wages, after you resign.
- Contractor or employee? Whether the real relationship was one of employment, whatever the paperwork said.
How We Help, Stage by Stage
First Discussion
We ask what was promised, where it was written down, and what happened. We also check whether you have a claim in the national system, the WA state system, or the courts, because that decides where a dispute goes and the time limits.
What you get: a first view of whether there is a binding promise and whether it was broken.
Reviewing Your Documents
We read the contract, letters of offer, emails, policies and anything else that forms part of the agreement, and how they fit with any award or enterprise agreement.
What you get: a written view of what the contract actually entitles you to.
Advice on Your Options
We explain the claim, its value, and the forum. In the WA state system, an employee can bring a denied contractual benefits claim to the WAIRC; other claims go to a court.
What you get: a recommendation on whether and how to pursue it.
Negotiating
Most contract disputes begin with a letter setting out the promise, the breach and what is owed, and many are resolved by negotiation.
What you get: the correspondence handled by us, and advice on each response.
The Commission or the Court
If the dispute does not resolve, we prepare and lodge the claim, and represent you through conciliation and, if needed, a hearing. If you are defending a claim from your employer, we answer it and bring any claims you have in return.
Settlement and the Deed
We draft or review the settlement deed and make sure it deals with the whole dispute.
What to Bring to the First Conversation
- Your contract, letter of offer and every variation or promotion letter
- Any policy, bonus plan or commission scheme that applies
- Emails or messages recording what you were promised
- Payslips showing what you were actually paid
- Any demand or claim you have received from your employer
How We Have Helped
An employee had been promised a benefit as part of their employment that the employer then refused to provide. We set out the contractual entitlement, lodged a claim when the employer would not engage, and the matter was resolved by agreement before a hearing.
After resigning, an employee received a demand from their former employer to repay costs it said were owed under their contract. We answered the demand, raised the employee's own claims arising from how they had been treated, and the dispute was resolved by agreement, recorded in a deed.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
If your employer has not kept its side of the bargain, or is making a claim against you, call us. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about your contract.
Read more: Employment Contract Review · Bonuses · Executive and Manager Contracts