Employment law
Getting employment law and workplace relations right fosters better employee relationship with management and improves productivity
Taking a ‘best practice’ approach to employment practices and workplace relations fosters a positive environment, enhances productivity, reduces legal risks, and helps attract and retain talent, driving company success.
Art & Commerce provides legal support to employers and employees across a range of employment law matters. We have experience assisting clients with contract formation and review, employment policies and disputes.
Contact usOur lawyers, based in Melbourne, can assist you or your business with:
Drafting employment agreements
Properly drafted employment agreements are crucial for protecting your business, building a positive relationship with employees and reducing set backs when disputes arise.
Reviewing and advising on new employment and executive service agreements
Received a job offer that feels ‘just right’ but you need a second pair of eyes to read over the contract, we are here to help.
We assist executives by reviewing new employment agreements, advising them on their rights and obligations under the contract and assisting them in negotiating the big ticket items and the fine details.
Advising on non-compete and post-termination obligations
We advise employers and employees on the scope and enforceability of non-compete and post-termination obligations including drafting appropriate provisions into new agreements and reviewing and negotiating with another party on behalf of our clients when a termination occurs.
Preparing workplace employment policies
Workplace employment policies establish clear expectations, guidelines, and procedures for employees and employers. They promote consistency in decision-making, ensure compliance with laws and regulations, mitigate legal risks, foster a positive work environment, and uphold organisational values and standards.
Unfair dismissals
An unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.
Responding to an unfair dismissal claim needs to be prompt and based on the facts.
We assist businesses in unfair dismissal matters, from preparing the appropriate documentation, compiling supporting documents, advising on jurisdictional issues, through to acting in conciliations, conferences and hearings.
Unpaid superannuation claims
There are often circumstances where employees or contractors have not received their superannuation entitlements owed by employers. We work with our clients to identify whether they are entitled to employer superannuation contributions in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth).
Superannuation obligations
Many businesses are unaware of their potential superannuation obligations to employees and contractors. We advise employers on whether superannuation obligations apply.
Long service leave obligations
Long service leave is a statutory right which accrues after 7 of years employment. Employers and employee often misunderstand their rights and obligations with respect to long service leave, particularly when a sale of business occurs.
We advise clients of their rights in the specific circumstances to ensure their long service obligations or entitlements are met.
Redundancy
Redundancies occur when a person’s job is no longer required to be done by anyone or the employer is insolvent or bankrupt.
Employers need to take care to ensure that they only make a role redundant when it is a genuine redundancy. Employees often need assistance to ensure termination of their position by redundancy is genuine and that their employer has complied with its legal obligations.
Drafting/ reviewing a deed of indemnity
A director’s deed of indemnity is a contract between the company and a director that sets out terms upon which the company will indemnify the director against potential legal responsibility liabilities, costs and expenses incurred by the director in the course of carrying out its director’s duties.
We assist companies / directors in drafting or reviewing deeds of indemnity to provide a tailored and suitable deed for the relevant director’s engagement.
Conciliations and mediations
Employment conciliations and mediations are processes where a neutral third party facilitates discussions between employers and employees to resolve disputes outside of court. Conciliations aim to reach a mutual agreement, while mediations focus on understanding issues and finding solutions through constructive dialogue and negotiation.
We assist clients in preparing for and attending conciliations and mediations when employment disputes arise.
What we do for you
We bring experience and understanding to our employment law practice. We listen, consider, advise and then act.
We work hard to help you achieve your strategic objectives and complete your matter promptly for a reasonable fee. What are you waiting for?
Book a meeting
Do you have an employment law matter you need to discuss?
3 steps to action your legal matter.
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1
Book an appointment for a free 15 minute consultation.
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We will provide you with a scope of work and a fixed fee proposal for your review and approval.
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Once engaged to act, we will promptly start working on your matter. Book an appointment or contact us now here.