Workplace Law

WORKPLACE AND EMPLOYMENT LAW

Pragmatic, Skilled Employment Lawyers

Workplace and Employment law in Australia is complex, ever-evolving and challenging.  It requires experienced employment lawyers to help navigate the many and varied statutory bodies, laws and regulations.

We are employment lawyers based in Brisbane with significant legal expertise in all aspects of workplace law. Our team have acted for employees, government entities, statutory authorities, not for profits and private sector employers.

We act for both employers and employees before Industrial, Administrative and Statutory Tribunals and Courts, negotiate agreements and resolve disputes. Our breadth of experience gives us a unique ability to see issues from both perspectives, which provides us with stronger negotiating powers and a more strategic viewpoint.

We also represent parties at Inquests and Commissions of Inquiry.

Pragmatic, commercially focused and highly skilled, we balance expert advice with skilled advocacy and strategic negotiation to ensure the best possible outcomes for our clients.

In 2024, our firm was included in the Doyle’s List in the Leading Employment Law Firms (Employer Representation) – Queensland category.

Although based in Brisbane, we are a national practice with clients in all states and territories of Australia.

John Farren
Doyles Leading Employment Lawyers (Employer Representation) – Queensland, 2024

OUR EXPERTISE

Strategic Advice, Representation, Negotiation and Advocacy

Performance Management, Discipline and Unfair Dismissals

Been dismissed or need to discipline or dismiss an employee? We assist businesses to provide a fair, transparent and legally defensible process, or to represent them in matters before the relevant tribunals and courts. We also help employees in protecting their rights and pursuing claims for unfair or unlawful dismissal.

Disputes and Grievances

Disputes or grievances can rapidly escalate in a workplace, impacting on the health and productivity of the team. We identify the facts and core issues underpinning the dispute, and assist parties to explore options for resolution including negotiation, mediation or representation before the relevant tribunals and courts.

WHS, Workplace Injuries and Workcover

Whether an employee is injured in the course of employment or outside of work, we can assist to sensitively manage the needs of the employee while also pragmatically balancing the operational requirements and risks to the business.  We help you with advice and representation under worker’s compensation and WHS legislation.

Award, Enterprise Agreement and Legislative Obligations and Entitlements

The interpretation of awards, enterprise agreements and legislation in terms of entitlements and responsibilities can be highly complex. We are experts in advising and interpreting relevant clauses and their application, as well as representing parties before relevant tribunals and courts if a matter ends up in dispute or subject to prosecution.

Enterprise Bargaining

Drafting and negotiating workplace agreements that meet legislative requirements while delivering workplace needs for flexibility requires a deep understanding of the law, coupled with strong negotiation and process skills. We assist businesses with strategic enterprise bargaining from the first negotiation through to agreement registration and interpretation.

Employment Contracts and Restraint of Trade

Contracts of employment for employees and executive staff are fraught with legal minefields. We draft legally compliant and defensible contracts that protect a party’s interests. We are experts in independent contractor arrangements, avoiding sham contracts, restraint of trade and confidentiality matters.

Workplace Training

All managers and staff need regular training to meet legal and safety obligations. We offer tailored workplace training in bullying, discrimination and harassment, safety obligations and liability for workers and management, Director’s workplace health and safety due diligence obligation training, managing ill/injured employees and managing difficult employees.

Bullying, Harassment and Discrimination

Workplace bullying, sexual harassment and unlawful discrimination matters are challenging for any workplace. We have a proven track record in managing these complex matters.

Redundancies and Transfer of Business

Employment termination and transfers arising through genuine redundancy or the sale of a business, can trigger significant issues unless handled sensitively and in compliance with legal obligations. Our strategic and realistic approach ensures a smooth transition with a fair and transparent process.

Inquests, Commissions of Inquiry & Statutory Tribunals

Representation before Inquests, Commissions of Inquiry and Statutory Tribunals can be vital to protecting your interests and ensuring your position is clearly put to before the Courts. We are highly experienced in such representation either as independent representation or as part of a larger legal team.

DEMONSTRATED EXPERIENCE

Wide-ranging and Extensive Expertise

Our  workplace and employment law experience has included a wide range of matters, including:

Employers

  • Acting for an employer defendant in the agricultural industry in breach of Fair Work Act prosecution proceedings brought by the Fair Work Ombudsman.
  • Advising and acting for a large statutory authority in relation to numerous disciplinary show cause cases.
  • Acting for several large government departments in complex anti-discrimination proceedings.
  • Acting for an employer in the dental industry in unfair dismissal proceedings brought by two ex-employees.
  • Advising a major university in respect of complex questions of compliance with obligations under various industrial instruments.
  • Advising an employer in the health industry in respect of facility and service agreements.
  • Advising a government department in respect of the correct interpretation and application of employing legislation.
  • Acting for an employer and two Directors in the construction industry in relation to restraint of trade injunction proceedings.
  • Advising an employer in the childcare industry regarding transfer of business issues.
  • Advising a peak industry body in respect of a Full Bench Fair Work Commission decision in relation to award penalties.
  • Acting for a large statutory authority in two unfair dismissal proceedings.
  • Advising an employer in the agricultural industry in respect of allegations of breaches of the Migration Act.
  • Advising a statutory authority in relation to its workplace health and safety obligations and conducting a legal review of its policies
  • Advising various government departments in respect of complex disciplinary show cause processes.
  • Conducting legal reviews of workplace investigation processes and reports for various employers.

Employees

  • Acting for an ex-employee of a large mining company in unfair dismissal proceedings.
  • Acting for an ex-employee of an elite sporting organisation in unfair dismissal proceedings.
  • Acting for an ex-employee of a large engineering company in adverse action/general protections involving dismissal proceedings.
  • Acting for a current employee of a large government department in anti-discrimination proceedings.
  • Advising and acting for an employee of a large mining company in a disciplinary process.
  • Acting for an ex-employee of a large government department in a jurisdictional hearing for an unfair dismissal proceeding.
  • Representing the family of a deceased person in a coronial enquiry.
  • Acting for an elite athlete in anti-discrimination proceedings against State and Federal sporting bodies and named respondents. 
  • Advising and acting for three employees in a workplace health and safety investigation following a death in the workplace.
  • Acting for an ex-employee of a motel in complex underpayment of wages proceedings.
  • Acting for an ex-employee of a regional bank in unfair dismissal proceedings.
  • Acting for an ex-employee of a law firm in sham contracting/general protections proceedings.
  • Acting for an ex-employee of a regional Council in declaration proceedings in the Queensland Industrial Relations Commission and subsequent appeal.
  • Acting for an ex-employee in the hospitality/entertainment industry in adverse action/general protections involving dismissal proceedings.
  • Advising and acting for an ex-employee of a peak professional body in a disciplinary show cause process.
  • Acting for a teacher employed by a private school in respect of a grievance and negotiated cessation of employment.
  • Acting for an ex-employee of a large government department in unfair dismissal proceedings.
  • Acting for an ex-employee of a national retail company in adverse action/general protections involving dismissal proceedings.
  • Acting for an ex-teacher in professional disciplinary proceedings.
  • Advising and attending workplace investigation interviews and disciplinary meetings with various employees.

Need An Experienced Workplace and Employment Lawyer?

Book a consultation to review your case and explore your options.