Employment Dispute Lawyers
We can help employers resolve disputes and allegations that arise from their employees
Our specialist employment dispute lawyers have extensive experience and the expertise to represent you in all areas of employment law including assisting with unfair dismissal claims, discrimination, sexual harassment, workplace bullying, contract disputes, and other employment issues. We remain up-to-date in this ever-changing and fast growing area of law.
Employers and employees often encounter disputes and employment issues within the workplace which can cause significant stress for all parties involved and interruption to business operations. If you are involved in an employment dispute, it is important to get the right advice and legal representation to help resolve your employment matters quickly and effectively.
Our experienced employment lawyers aim to help employers defend accusations that do not have reasonable grounds.
We can assist clients with:
- Unfair termination of employment or general protections claims
- Discrimination claims
- Workplace harassment and sexual harassment accusations
- Claims of workplace bullying
- Claims of assault
- Unfair disciplinary proceedings
- Withholding of wages or unpaid wages and entitlements
- Breach of employment contracts
- Breaches of restraints of trade
- Preparation of settlement agreements
- Intellectual property theft
- Other employment issues
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We act for parties in all employment law jurisdictions including the Fair Work Commission, the Industrial Relations Commission and via litigated claims in the Courts.
With the political climate as it is, we’ve seen a significant uptick in enquiry relating to discrimination, workplace bullying and harassment.
Once upon a time these matters were swept under the rug, however, that is no longer the case with Courts, Tribunal’s and commissions being overrun with such complaints.
Our employment lawyers are extremely well versed in dealing with such matters from minor complaints by employees, to high profile matters, including before the Human Rights Commission.
Theft of Confidential Information
We are able to represent employers where an employee, or former employee, has stolen confidential information from the business; for example, copying client lists and trade secrets.
While many of those clients have in place employment contracts containing provisions binding their employees contractually from not being able to misappropriate confidential information, the common-law provides protection to employers in this regard, even if there isn’t an appropriate employment contract in place.
Our employment lawyers regularly obtain urgent injunctive relief from Courts ordering the employee to deliver up confidential information in these circumstances.
Restraint of Trade Breaches
A significant focus of our work in this area concerns employees (or former employees) who have breached the restraint of trade provisions within their employment contracts. In our experience, most employees don’t read or pay attention to their employment contract and do not understand that in many instances, they are contractually bound not to set up in competition to their former employer, or work for a competitor of the employer, within a defined area and for a defined period of time. We regularly hear from former employees who seem amazed that the law upholds restraint of trade provisions, however, this law has been around for a very long time.
If an employee breaches a restraint of trade condition, and their former employer suffers as a result, the employer is entitled to seek injunction orders preventing former employees from setting up in competition, and damages for losses which the employer has suffered.
Our employment law team understand that these issues can be extremely sensitive. It is important to know your legal rights and what avenues are available to resolve your employment law matter or workplace dispute as quickly as possible. Your lawyer will aim to achieve the best outcome for you so that you can get back to business.
Employment Dispute Lawyers FAQs
Our employment lawyers have vast experience in all types of employment disputes including unfair dismissal claims, discrimination claims, bullying and harassment claims (including sexual harassment), wrongful termination, disputes over redundancies, contract disputes, intellectual property theft and breaches of restraint of trade, and other employment law matters.
When an employer terminates an employee’s contract in a way that is deemed “harsh, unjust, or unreasonable”, this is considered “unfair dismissal”. The Fair Work Act 2009 does not explicitly define what is considered “harsh, unjust, or unreasonable”, therefore each situation is determined based on its own facts and merit.
There are steps employers should take to minimise the risk of an unfair dismissal claim. This includes communicating effectively with employees and ensuring you follow a procedure before dismissing someone for poor performance or misconduct. Have in place and follow workplace policies and keep records of all interactions and communications with employees, particularly keeping records for performance management or disciplinary actions. Before dismissing an employee, ensure that the reason for the dismissal is lawful.
The first step is to obtain legal advice from an experienced employment lawyer. By arranging an initial consultation with Attwood Marshall Lawyers, you can have a confidential discussion about the matter, obtain expert advice, and find out what steps you should take to negotiate and resolve the workplace dispute at the earliest opportunity. Call our employment lawyers for a confidential discussion on 1800 621 071.
Attwood Marshall Lawyers has a dedicated team of litigation and dispute resolution experts who practice exclusively in employment law and workplace disputes. We help employers resolve disputes in the most effective way possible so that the business can have minimal disruption and all parties can move on with their lives.
Our lawyers are friendly, knowledgeable, and technically proficient. We will immediately assess your case and help you understand your rights, provide strategic advice about the next steps to take, and ensure you always have access to our legal disputes team so that you can have confidence you will be supported through this stressful time.
Contact our Employment Law Department Manager
If you are involved in a dispute with a current or former employee, please contact our friendly workplace lawyers today for a confidential discussion. We also represent companies who are involved in disputes with contractors.