Employment Law

We prepare and review employment contracts for executives, managers and key employees, with a focus on remuneration structures, incentive plans, intellectual property, confidentiality and restraint of trade. Post-employment restraints are enforced by Victorian courts only to the extent reasonably necessary to protect the employer's legitimate interests; we draft them to be enforceable, not aspirational.

We advise employers on managing underperformance and serious misconduct, conducting workplace investigations, and effecting terminations and redundancies in a way that minimises unfair dismissal and general protections risk. For employees, we advise on the reasonableness of process and quantum of payment, and negotiate exits and deeds of release.

The Fair Work Commission deals with the bulk of employment disputes — unfair dismissal applications must generally be lodged within 21 days of dismissal, as must general protections applications involving dismissal. We act in conciliations, arbitrations and Federal Circuit and Family Court general protections proceedings.

On a sale of business or restructure, the transfer of employees, recognition of prior service, redundancy entitlements and consultation obligations all require careful handling. We work in parallel with our business sales team to manage the employment side of the transaction.