When Employment Law issues arise, time is critical.

If you’re an Employee, the Fair Work Act offers significant protections and entitlements.

However, if you are an Employer, your ability to protect your business interests in employment matters is mostly dependent on the enforcement of terms of a written Employment Contract.

Properly prepared and enforceable Employment Contracts are, therefore, essential for Business Protection.

When employees have access to important confidential information or are responsible for establishing or maintaining client relationships, businesses can suffer substantial losses if the employee leaves and uses the information or relationships to benefit themselves or another employer.
Ambiguous confidentiality clauses and unreasonable restraint clauses are, however, unenforceable or problematic at best.

Employment Services

Employers

We are able to assist Employers with:

  • Drafting and enforcing Employment Contracts including post-employment restraint and confidentiality clauses,
  • Fair Work Act advice,
  • National Employment Standards,
  • Award Interpretation and application,
  • Termination of Employment,
  • Unfair Dismissal claims under the Fair Work Act,
  • Small Business Fair Dismissal Code, and
  • Sale of business and transferring employee issues.

Employees

We are able to assist employees with:

  • Recovery of unpaid wages and entitlements,
  • Termination of Employment,
  • Unfair Dismissal claims under the Fair Work Act,
  • Unlawful Dismissal.
  • Workplace harassment, and
  • National Employment Standards and the new minimum entitlements,

Call Now to speak to an Employment Lawyer

1300 553 343

We help Employers to protect their interests and Employees to enforce their rights.

Whilst Employee’s rights are largely entrenched in the Fair Work Act, properly prepared and enforceable Employment Contracts are essential for Business Protection.

Now ask yourself how confident you are that your existing Employment Contracts are adequate.

If your business has employees with access to important confidential information or who maintain key customer relationships, they could do damage to your business if they set up in competition or join a competitor.

How We Help

Our Employment Lawyers assist both employers and employees in a broad range of workplace issues. We understand and value the importance our clients place on establishing and maintaining cohesive, constructive employment relationships.
In an area of law that is constantly changing we will ensure that we provide you with clear, concise, timely legal advice to enable you to make informed commercial decisions.

Experience

Hunternet Group Cooperative Pty Limited

Acted in a General Protections /Adverse Action matter commenced by an apprentice on the basis of discriminatory conduct with respect to disability and his exercise of his right to take leave. Produced significant and detailed response to the claim, resulting in the proceedings being withdrawn / discontinued.

Roper Golf Regional Council

Acted on behalf of the Council in respect of a General Protections claim commenced by the former General Manager on his termination for breaches of the Council’s Code of Conduct and financial approvals policy. Proceedings were struck out based upon submissions to the Federal Court disclosing no proper cause of action under the Fair Work Act.

Lake Macquarie City Council

Acted on behalf of the Council in conducting a Code of Conduct investigation into the alleged breaches of the Council’s Code of Conduct by three (3) local councillors with respect to failing to declare financial interest in a property development.

Forbes Local Council

Provided advice in relation to proceedings commenced by former Work Health & Safety Manager with respect to unfair dismissal, unlawful termination when terminated following a worker’s compensation claim. Negotiations resulted in the exit of the manager with no payment of compensation or damages based upon expert medical evidence obtained.

Boeing Australia Limited

Undertook an internal investigation against senior managers in relation to alleged culture of bullying behaviour at a Boeing regional site resulting in a significant report and recommendations on requirements for cultural change and potential liabilities. All of the investigations and recommendations were actioned by the client and resulted in disciplinary proceedings being taken against senior management staff.

International Gaming Technologies Australia Limited

Acted on behalf of the largest manufacturer of gaming machines in the world in relation to a review of all their workforce in Australia with respect to modern awards and payrates, identifying significant underpayments claims to staff and employees as a result of misclassifications in awards. Implemented a legal strategy and negotiated on behalf of business with appointed representatives for a settlement / resolution of backpay and changes to payrates for the future.

International Gaming Technologies Australia Limited

Acted in Federal Court proceedings commenced by an employee terminated for failing to attend a medical examination with respect to Work Health & Safety risks by the employer when the request was made as a lawful direction. The Court’s Judgment resulted in a precedent case for employers to have the power to make a lawful direction that employees attend medical examinations, particularly when in relation to Work Health & Safety risks.

Newcastle Coal Infrastructure Group

Undertook a review of all senior management and executive staff which resulted in formulation of a plan for structured redundancies and retirement of senior management and executive positions and recommendations for further cultural change and recruitment strategy for the incoming Chief Executive Officer.

Downer Mining (Wambo Coal Mine)

Undertook a significant investigation into allegations of fraud involving mine resources for personal use by an employee in the construction of his own home where evidence of impropriety was forensically identified, and the employee terminated and with a police investigation being undertaken.

Downer Mining (Boggabri Mine)

Acted on behalf of Downer Mining in relation to an industrial dispute arising from a proposed changes to a shift / roster where industrial action was taken on the basis of a Work Health & Safety risk due to a high percentage of the work force being drive in drive out with long distances to travel and up to 16 hour shifts with overtime. Jeemy negotiated an outcome in relation to the roster being suitable to all parties and the CFMEU and industrial action proceedings dismissed by agreement.

Downer Mining

Acted on behalf of Downer Mining in 35 unfair dismissal applications commenced by the CFMEU on behalf of mining workers terminated from Boggabri Mine due to loss of mining contract and downsizing of workforce. Jeremy negotiated a successful outcome including the redeployment of the majority of the workforce to other Downer Mining sites.

Call Now to speak to an experienced Employment Lawyer

1300 553 343

Business & Company
18/11/2019 by Jeremy Kennedy

Wage Theft- ‘Orgy of Greed’​ or Mass Hysteria?

Recent high profile investigations, significant media coverage and union/ACTU campaigns on what has been labelled as “wage theft” and a business “orgy of greed”[1] have certainly highlighted for Australian employers their ongoing need to comply with the Fair Work Act, National Employment Standard and industry modern awards, but is the problem as large as proponents say? Unions argue that recalcitrant […]

Business & Company
22/07/2019 by Haydon Potter

When are Casual Employees Entitled to Become Full Time Employees?

Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so. With over 84 Modern Awards being amended from 1 October 2018 to include […]

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Success Stories

Downer Mining

Jeremy Kennedy acted on behalf of Downer Mining in 35 unfair dismissal applications commenced by the CFMEU on behalf of mining workers terminated from Boggabri Mine due to loss of mining contract and downsizing of workforce. Jeremy negotiated a successful outcome including the redeployment of the majority of the workforce to other Downer Mining sites.

Downer Mining (Boggabri Mine)

Jeremy Kennedy acted on behalf of Downer Mining in relation to an industrial dispute arising from a proposed changes to shift/roster where industrial action was taken on the basis of a Work Health & Safety risk due to a high percentage of the work force being drive in drive out with long distances to travel […]

Downer Mining (Wambo Coal Mine)

Undertook a significant investigation into allegations of fraud involving mine resources for personal use by an employee in the construction of his own home where evidence of impropriety was forensically identified, and the employee terminated and with a police investigation being undertaken.

International Gaming Technologies Australia Limited

Jeremy Kennedy acted in Federal Court proceedings commenced by an employee terminated for failing to attend a medical examination with respect to Work Health & Safety risks by the employer when the request was made as a lawful direction. The Court’s Judgment resulted in a precedent case for employers to have the power to make […]

Boeing Australia Limited

Jeremy Kennedy undertook an internal investigation against senior managers in relation to alleged culture of bullying behaviour at a Boeing regional site resulting in a significant report and recommendations on requirements for cultural change and potential liabilities. All of the investigations and recommendations were actioned by the client and resulted in disciplinary proceedings being taken […]

Forbes Local Council

Jeremy Kennedy provided advice in relation to proceedings commenced by former Work Health & Safety Manager with respect to unfair dismissal, unlawful termination when terminated following a worker’s compensation claim. Negotiations resulted in the exit of the manager with no payment of compensation or damages based upon expert medical evidence obtained.

Roper Golf Regional Council

Jeremy Kennedy acted on behalf of the Council in respect of a General Protections claim commenced by the former General Manager on his termination for breaches of the Council’s Code of Conduct and financial approvals policy. Proceedings were struck out based upon submissions to the Federal Court disclosing no proper cause of action under the […]

Hunternet Group Cooperative Pty Limited

Jeremy Kennedy acted in a General Protections /Adverse Action matter commenced by an apprentice on the basis of discriminatory conduct with respect to disability and his exercise of his right to take leave. Jeremy produced a significant and detailed response to the claim, resulting in the proceedings being withdrawn / discontinued.

View all success stories

Testimonials

Haydon & Felicity have been outstanding in assisting me with a recent matter.

“Haydon & Felicity have been outstanding in assisting me with a recent matter. They were fast, efficient and provided timely and accurate legal advice. I would absolutely recommend them to anyone looking for professional, legal advice.”

Tarryn M


Jeremy and his team were committed to ensuring that all options considered and discussed and were open and sharing with their expertise and knowledge.

“I had the pleasure of working with Jeremy when we engaged him to provide expert legal advice to a client on a sensitive and intricate IR issue. In guiding the business to finding a resolution, Jeremy and his team were committed to ensuring that all options considered and discussed and were open and sharing with their expertise and knowledge.”

Kerstin D


Jeremy develops robust long standing and trusting professional relationships.

Jeremy develops robust long standing and trusting professional relationships by consistently demonstrating competence in WHS legal expertise.”

Warren E