The Problems Businesses Bring to Us
We act for employers as well as employees, and seeing both sides of these disputes shapes the advice we give. Businesses usually come to us at one of two points: before a decision, or after a claim has arrived.
- An employee problem that needs managing: misconduct, poor performance, long absences, or a breakdown in a working relationship.
- Ending someone's employment, including redundancies and restructures, and wanting to do it lawfully.
- Discovering an underpayment, often because the wrong award has been applied or a classification was wrong.
- Contracts and policies that are out of date after the recent changes to the Fair Work Act 2009 (Cth), including the casual employee definition and the right to disconnect.
- A claim has been lodged: an unfair dismissal, general protections, discrimination or underpayment claim, or a Fair Work Ombudsman inquiry.
How We Help, Stage by Stage
First Discussion
We find out what has happened, what you want to achieve, and what the deadlines are. If a claim has been served, there will usually be a date for your response or for a conference.
What you get: an early view of the risk and the immediate steps to take.
Reviewing Your Documents
We review the contract, the award or agreement, the policies, and the paper trail: warnings, investigation notes, the termination letter, payroll records.
What you get: a candid assessment of the strengths and weaknesses of your position.
Advice on Your Options
Before a decision, we advise on the process that should be followed and the risks of each option. After a claim, we advise on whether to defend it, settle it early, or both.
What you get: practical advice that fits the size and resources of your business.
Negotiating
Many disputes are best resolved early. We handle the correspondence with the employee or their lawyers and advise on offers.
What you get: a resolution that is proportionate to the risk.
The Commission or the Court
We prepare your response, represent you at conciliation in the Fair Work Commission or the WAIRC, and, where a matter proceeds, run the defence through to a hearing.
Settlement and the Deed
We draft deeds of settlement and release that close the dispute properly, including confidentiality, non-disparagement and the release of claims.
What to Bring to the First Conversation
- The employee's contract, position description and the award or agreement that applies
- Relevant policies
- Any warnings, performance records, investigation material or termination letter
- Payroll records, if pay is in issue
- Any claim, application or letter you have received, and its deadlines
How We Have Helped
A business discovered it had been applying the wrong award to some of its staff, leaving them underpaid. We advised on the correct coverage and what was owed, and helped the business put it right with the affected employees and document the resolution.
An employer was served with a general protections claim by a former employee who said the dismissal was because of a health condition. We prepared the employer's response, set out the actual reasons for the decision, and represented the business at the Fair Work Commission. The claim was resolved on commercial terms.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
The cheapest employment dispute is the one that is avoided. Call (08) 9470 2777 or contact us online to talk to a lawyer about your situation, before you act if you can.
Read more: Terminating Employees · Defend a Claim · Underpayments · Contracts and Policies · Workplace Investigations