Employment Litigation

Workplace disputes can disrupt careers and businesses. Issues like unpaid wages, changes to duties, unsafe working conditions and termination may lead to litigation. Knowing your rights and obligations is crucial to resolving disputes effectively.

Revolance Legal serves employees and employers as a strategic partner. We provide clear advice, attempt negotiation and, when necessary, represent clients in court. Our goal is to protect your rights and achieve fair outcomes.

Employment Contracts and Obligations

An employment contract sets out rights and responsibilities. Contracts can be written, verbal or implied. They usually include terms such as:

• Job description and duties.
• Salary or wages and how they are paid.
• Leave entitlements and other benefits.
• Notice periods and termination procedures.
• Confidentiality and restraint of trade clauses.

Contracts also include implied terms, such as:

• Mutual trust and confidence between employer and employee.
• The employer’s duty to provide a safe working environment.
• The employee’s duty to act in good faith and follow lawful directions.

Employers must comply with the National Employment Standards (NES) and any applicable modern awards or enterprise agreements. Failure to pay wages, provide leave or maintain safety can constitute a breach.

Common Employment Disputes

• Unpaid wages and entitlements: Employers must pay correct wages, superannuation and leave. Underpayment can lead to claims for back pay and penalties.
• Changes to duties or hours: Significant changes without agreement may breach the contract.
• Unfair or constructive dismissal: Terminating employment without a valid reason or forcing an employee to resign may be actionable.
• Discrimination or harassment: Employees have rights under anti‑discrimination laws.
• Restraint of trade: Unreasonable post‑employment restraints may be unenforceable.

Resolving Employment Disputes

Most disputes are resolved through negotiation, mediation or conciliation. The Fair Work Commission (FWC) deals with unfair dismissal, general protections and bullying claims. The process generally involves:

1. Lodging an application with the FWC within the required time (for example, 21 days for unfair dismissal)
2. Conciliation: A voluntary mediation process where a conciliator helps the parties reach agreement.
3. Conference or hearing: If conciliation fails, the matter proceeds to a more formal conference or hearing where a Member of the Commission makes a decision.

For breach of contract claims, parties may commence proceedings in a court or tribunal. The process can include letters of demand, mediation and, if necessary, litigation.

Unfair Dismissal Claims

An employee is dismissed if they are sacked, terminated or forced to resign. To file an unfair dismissal application, the employee must:

• Be covered by national employment laws.
• Lodge the application within 21 days of dismissal.
• Show that the dismissal was harsh, unjust or unreasonable. Factors include whether there was a valid reason and whether procedural fairness was observed.

After lodging, the employer must file a response and the matter usually goes to conciliation. Outcomes can include reinstatement, compensation or a settlement agreement.

How Revolance Legal Can Help

We assist both employees and employers with:

• Contract review and drafting: ensuring agreements are fair and compliant.
• Advice on rights and obligations: explaining the NES, awards and implied terms.
• Negotiation and dispute resolution: representing clients in discussions and conciliation.Litigation: filing or defending claims in courts and tribunals.
• Workplace policies: helping employers implement policies to prevent disputes.

Our approach is direct and efficient while remaining supportive. We focus on practical solutions that protect your interests.

Frequently Asked Questions (FAQs)

Protect Your Workplace Rights

Whether you are an employee or employer, understanding employment law is key to avoiding disputes. Revolance Legal provides clear and strategic advice and representation. Contact us on 02 9266 0688 or email [email protected] to discuss your situation.