In our experience, a dispute could have been prevented if a contract had been properly drafted and tailored to the unique needs of the business from the outset.
A quality employment contract is a crucial tool to establish trust, clarity and understanding between employers and employees. By addressing essential aspects like confidential information, restraints of trade, hours of work, and probation in detail, assists a smooth and transparent working relationship. It protects your business and minimises the risk of confusion and misunderstandings down the line. In the unfortunate event that an employee’s tenure needs to be terminated, the contract provides a clear and delineated basis for doing so.
Our lawyers draft contracts for employment across many industries. Any employment contract we draft will be up to date with all the legal requirements designed to function properly; in other words, to suit the specific needs of your business.
Once we understand the requirements of your business, we can produce employment agreements (or contractor agreements) for the various roles within your business. We are also experienced at drafting remuneration and bonus policies.
Contact us on 1300 794 559, or otherwise kindly complete the contact form on this page and we will contact you promptly.
Even with a carefully crafted employment contract, there may be instances where employees choose to behave improperly.
When there is a breach, your employment lawyer will be able assist you in how to deal with any disciplinary action that might need to be taken. Dismissal is not always appropriate, nor necessary, but when it is, it is important to have the steps right in terms of the enforcement procedure adopted.
Our team of experienced professionals can assess the enforceability of the relevant clauses in your employment contract. We can consider the particular situation and provide you with clear, cost effective legal advice on what actions can be taken to address the breach.
By taking prompt action, you can contain the damage and prevent it from spreading any further. We understand the urgency of such situations and are dedicated to helping you protect your business interests.
In special cases, for example involving breaches of restraint of trade or theft of confidential information, we can assist you in not merely dismissal of the employee but also to seek compensation from the responsible party or parties. We have successfully helped employers obtain substantial compensation in similar cases in the past.
As Fair Work claim solicitors, we represent employers in the Fair Work Commission.
The types of claims which we assist are; unfair dismissal claims, employment contracts, underpayment claims, general protection claims, constructive dismissal claims, bullying claims, harassment claims, discrimination claims and other claims under the Fair Work Act 2009.
If you are served documents by lawyers, is important to get advice quickly to firm up your position. Responses to claims must meet strict time limits. We represent you at the conciliation conference (mediation) and are very experienced in doing so. Many claims by employees are without any proper basis, or very limited basis, and they need to be dealt with appropriately.
This is no need to be intimidated by being served with proceedings from an employee. However, at the same time, it is imperative that the claimant’s claim is tackled head-on and that the legal issues are properly considered as part this process. Once this approach is taken, it is often relatively easy to refute the employees claims or, if there is some basis for a claim to limit the damage on what is typically an ambit claim.
Workplace investigations can be invasive and feel threatening. Our employment lawyers act as a proper buffer between you and the investigator. This will bring perspective to the situation and will not merely advise you about your obligations, but also your rights as the employer.
Not every investigation culminates in prosecution, however positive outcomes can result from such an investigation. This is typically dependent upon having proper legal advice in your corner.
Contact us today to learn more about how we can assist you in enforcing your employment contract and protecting your business interests.
If you have been served with documents, you need to act quickly. We have the ability to sort and assimilate substantial factual material quickly that results in competent responses to allegations from employee allegations.
A restraint of trade clause is also known as a non-compete clause. When an employee breaches a restraint clause, it’s a serious employment issue that requires immediate action. The implications range from minor financial losses to entire the collapse of a business if the matter if not addressed directly and swiftly.
A restraint of trade clause is a specific obligation in an employment contract that prohibits employees from engaging in certain activities, such as starting a competing business, poaching staff, or working for a competitor within a specified timeframe. With a well-drafted clause and employment contract, you have a much higher chance of enforceability.
Our experienced team can provide you with valuable advice on drafting effective restraint of trade clauses. We can also represent you if an employee has breached their contractual obligations by taking your client database, poaching your employees, or starting a business despite their promises not to do so.
In cases of breach of restraint, your employment lawyer can seek an injunction on your behalf, which has the effect of restraining a rogue employee from working for a competitor or operating their own business using confidential information, such as your valuable database. Even if you don’t have a written employment agreement in place, there are several legal options under common law to pursue the rogue employee.
Our focus is on protecting your business interests and seeking the necessary remedies to address the breach. Our employment lawyers understand the urgency of these situations and are committed to providing swift and effective legal support tailored to your specific needs.
Don’t let a breach of restraint of trade or theft of confidential information jeopardise your business. Contact us today for expert advice and representation in safeguarding your business interests.
On the front end, we have employment lawyers who are skilled in drafting employment contracts to suit your particular circumstances.
On the backend, we can deal with virtually any dispute with a high degree of competence and professionalism. We promise to advise you in a way which is helpful and constructive. With employment disputes, it’s not purely about what the law states. Tactics are important, and a measured approach coupled with a strong knowledge of the law, consistently bring better outcomes to you as an employer.
Call us on 1300 794 559 to speak directly to an employment lawyer about your dispute. You can also complete the online enquiry form and we will get back to you shortly.
As seasoned employment contract lawyers, we have experience reviewing and amending employment contracts, consultant contracts and contractual arrangements across a broad range of industries and professions.
Given that we draft contracts for employers, we know what to look for and understand what a slight turn of phrase can do in terms of the effect. Our role in acting for you as an employee, is to protect you from clauses which may be disadvantageous to you and to ensure that the remuneration you are getting is as you have negotiated, and that the terms are otherwise fair and reasonable.
We provide legal advice in relation to standard type employment contracts through to complex executive employment contracts with complex bone structures.
Contact our Employment Law team today to obtain cost effective advice from legal experts who will give you a straightforward, plain English legal explanation of your proposed employment contract or, if there is a contract in place, the legal effect of a particular clause. We can be contacted on 1300 794 559, or alternatively please fill out the contact form on this page and we will get back to you promptly.
Our Brisbane Lawyers will provide you with expert legal advice as well as practical solutions. Our law firm has extensive experience in guiding client through their matter addressing commercial considerations and real-life situations and resolving issues quickly.Request a meeting
Office Hours: Monday to Friday: 8:45am – 5:15pm
(We can accommodate appointments out of these hours if required.)
We provide our legal services across Brisbane and surrounds.