
Problems At Work
Workplace challenges can arise from a variety of factors. At MKI Legal, we pride ourselves on our comprehensive knowledge and experience in assisting employees through difficult work-related circumstances.
Whether you are confronted with allegations, facing a possible termination, assigned to a performance management plan, or inaccurately classified as a contractor instead of an employee, we have the legal expertise to assist you to get a positive outcome.
How We Can Help
I Might Be Dismissed
If you think you might be dismissed, because of allegations, a show cause letter, a suspension or a performance plan, we can help you understand your rights, respond properly and, where it makes sense, negotiate an acceptable exit.
Allegations Against Me
We have lots of experience helping employees respond to false, exaggerated or out-of-context allegations. We can help you respond in a way that gives you the best chance of clearing your name, and where it makes sense, negotiate a mutually acceptable exit.
Performance Management
We’ve advised many employees who are being performance managed, have had allegations of poor performance made against them, or have been placed on a formal performance improvement plan (a PIP). Here is what a fair process looks like and how to protect yourself.
Contractor Issues
We act for workers who were labelled contractors when they should have been employees. We can help you recover entitlements and superannuation, and seek penalties against the business. The law changed on 26 August 2024: the real substance of the relationship now decides whether you are an employee.
Show Cause Letters
Received a show cause letter? It usually means your employer is considering dismissing you or taking disciplinary action. Here is what it means, what a fair process looks like, and how to respond.
Suspension and Stand Down
Been suspended while your employer investigates, or stood down without pay? We explain the difference, when pay can be stopped, what to ask for, and how to protect your position.
Resigning or Forced Resignation
Thinking of resigning because work has become unbearable, or were you pushed? We explain when a resignation counts as a dismissal, the risks of resigning, and what to do first.
The Right to Disconnect
Since August 2024, most employees can refuse to monitor, read or respond to work contact outside their working hours unless the refusal is unreasonable. Here is how the right works and what to do if your employer pushes back.
Case studies
How the law played out in real cases

Fair Work Commission · 19 January 2026
Hired to work from home, sacked for refusing three office days
Richard Johnson v PaperCut Software Pty Ltd
Unfair dismissal claim dismissedRead the case study
Fair Work Commission · 13 November 2025
Cyclone forced crews off the platforms; Woodside sent them to Perth
The Australian Workers' Union v Woodside Energy Ltd
Union's argument rejectedRead the case study
Fair Work Commission · 30 May 2025
Left off the roster without pay after one missed day: a dismissal
Kane Poulter v JA & JA Concreting Pty Ltd as trustee for the Teusner Family Trust
Found to be dismissed; claim can proceedRead the case study
Fair Work Commission · 8 January 2025
The start-up stopped paying him, so he quit. It was a dismissal
Wayne Merry v Swisstec Investment Holdings
$15,750 compensationRead the case study
Fair Work Commission · 23 August 2024
Told his PIP was on track, then sacked: dismissal found harsh
Robert McLean v Reserve Bank of Australia
$5,731.92 compensationRead the case study
Fair Work Commission (Full Bench) · 25 July 2024
Told to show cause, he asked to see the investigation report
Aurizon Operations Limited v Cameron Webb
No right to the report, but the investigation was found unfairRead the case study
Published decisions of courts and tribunals, summarised in plain English from the published decision. Every case turns on its own facts.