Employment Disputes2024-10-14T13:36:21+00:00

EMPLOYMENT LAWYERS

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Employment Disputes

Employment disputes can arise from conflicts between employees and employers over various aspects of employment, such as terms of the contract, workplace rights, and conditions. These disputes may include unfair dismissal, unlawful termination and general protection claims, allegations of discrimination, wage and entitlement issues, disagreements over contract terms, or challenges related to post-employment obligations like non-compete and restraint clauses. Both employees and employers face significant challenges in these situations, as navigating the complexities of employment law and its evolving legislative framework requires careful legal guidance to ensure that rights and obligations are properly addressed.

At Axia Litigation Lawyers, we understand the sensitivity and significance of employment disputes for both employees and employers. Our dedicated team offers expert legal representation to ensure that your rights are protected and that you receive fair treatment. We tailor our approach to each unique situation, aiming to resolve disputes efficiently while safeguarding your professional interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Employment Disputes

Employment disputes can arise from conflicts between employees and employers over various aspects of employment, such as terms of the contract, workplace rights, and conditions. These disputes may include unfair dismissal, unlawful termination and general protection claims, allegations of discrimination, wage and entitlement issues, disagreements over contract terms, or challenges related to post-employment obligations like non-compete and restraint clauses. Both employees and employers face significant challenges in these situations, as navigating the complexities of employment law and its evolving legislative framework requires careful legal guidance to ensure that rights and obligations are properly addressed.

At Axia Litigation Lawyers, we understand the sensitivity and significance of employment disputes for both employees and employers. Our dedicated team offers expert legal representation to ensure that your rights are protected and that you receive fair treatment. We tailor our approach to each unique situation, aiming to resolve disputes efficiently while safeguarding your professional interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Dispute Resolution

Achieving fair outcomes through skilled negotiation.

Rights Protection

Safeguarding your rights with legal expertise.

Workplace Advice

Providing strategic counsel on workplace issues.

Representstion

Robust legal advocacy in employment conflicts.

How Axia Can Help Employees With Employment Disputes

Axia Litigation Lawyers provides robust legal support to employees facing employment disputes, ensuring they are defended in accordance with the Fair Work Act 2009 (Cth), Anti-Discrimination Act 1991 (QLD), and related legislation. Our services for employees include:

We offer clear guidance on your rights and entitlements as an employee, including matters related to unfair dismissal, redundancy, discrimination, and workplace harassment, general protections, wage and entitlement disputes, flexible working arrangements, leave entitlements, and the negotiation and interpretation of enterprise agreements. Equipping clients with the necessary information to challenge unfair terms.

Our team meticulously examines employment contracts to identify any breaches or inconsistencies with statutory obligations, equipping clients with the necessary information to challenge unfair terms.

If you believe you have been unfairly dismissed, we will assess the merits of your case, guide you through the Fair Work Commission process, and represent you in conciliation or at a hearing to seek remedies such as reinstatement, compensation or other forms of redress as determined by the circumstances of your case and in accordance with the Fair Work Act.

We engage in negotiations and mediations on behalf of employees to resolve disputes without the need for litigation, aiming for a settlement that aligns with the client’s best interests.

Where discrimination is alleged, we assist in lodging claims with the appropriate bodies and advocate vigorously to address any injustice faced by the employee.

We act to recover any unpaid wages, entitlements, or benefits that an employee is owed, ensuring they receive their lawful remuneration.

If an employment dispute necessitates court intervention, we offer decisive and strategic court representation. We meticulously prepare our client’s case, drawing on a profound understanding of employment law, to ensure a robust argument in court. Our focused approach encompasses all facets of litigation, from claim filing and adherence to procedural timelines to the persuasive presentation of evidence.

We advise clients on their rights and obligations concerning non-compete, restraint clauses and confidentiality agreements, ensuring they are not unduly restricted in their future employment or business dealings.
  • Employment Legal Advice
  • Review of Employment Contracts
  • Unfair Dismissal Representation
  • Negotiation and Mediation
  • Anti-Discrimination Claims
  • Wages and Entitlement Recovery
  • Strategic Litigation
  • Advising on Post-Employment Obligations

Our goal is to empower you with the legal support necessary to navigate employment disputes confidently, seeking resolutions that uphold your rights and Our goal is to empower you with the legal support necessary to navigate employment disputes confidently, seeking resolutions that uphold your rights and promote your best interests in the workplace. your best interests in the workplace.

Employment Legal Advice
We offer clear guidance on your rights and entitlements as an employee, including matters related to unfair dismissal, redundancy, discrimination, and workplace harassment, general protections, wage and entitlement disputes, flexible working arrangements, leave entitlements, and the negotiation and interpretation of enterprise agreements. Equipping clients with the necessary information to challenge unfair terms.
Review of Employment Contracts
Our team meticulously examines employment contracts to identify any breaches or inconsistencies with statutory obligations, equipping clients with the necessary information to challenge unfair terms.
Unfair Dismissal Representation
If you believe you have been unfairly dismissed, we will assess the merits of your case, guide you through the Fair Work Commission process, and represent you in conciliation or at a hearing to seek remedies such as reinstatement, compensation or other forms of redress as determined by the circumstances of your case and in accordance with the Fair Work Act.
Negotiation and Mediation:
We engage in negotiations and mediations on behalf of employees to resolve disputes without the need for litigation, aiming for a settlement that aligns with the client's best interests.
Anti-Discrimination Claims
Where discrimination is alleged, we assist in lodging claims with the appropriate bodies and advocate vigorously to address any injustice faced by the employee.
Wage and Entitlement Recovery
We act to recover any unpaid wages, entitlements, or benefits that an employee is owed, ensuring they receive their lawful remuneration.
Strategic Litigation
If an employment dispute necessitates court intervention, we offer decisive and strategic court representation. We meticulously prepare our client's case, drawing on a profound understanding of employment law, to ensure a robust argument in court. Our focused approach encompasses all facets of litigation, from claim filing and adherence to procedural timelines to the persuasive presentation of evidence.
Advising on Post-Employment Obligations
We advise clients on their rights and obligations concerning non-compete, restraint clauses and confidentiality agreements, ensuring they are not unduly restricted in their future employment or business dealings.
Employment Legal Advice
We provide authoritative advice on your obligations and protections as an employer, addressing issues such as wrongful dismissal claims, redundancy procedures, discrimination allegations, and workplace conduct. Our advice ensures employers are fully informed to make decisions that are legally sound and commercially sensible.
Contractual Review
Our team reviews employment contracts and workplace policies to protect employers against potential disputes and liabilities.
Representation in Wrongful Dismissal, Unlawful Termination and Breach of General Protection Claims
If an employer is accused of wrongful dismissal, unlawful termination or breaches of general protections we will examine the circumstances of the dismissal to robustly defend the employer's actions. We provide representation before tribunals and courts, aiming to demonstrate that the termination was lawful, reasonable, and in compliance with the Fair Work Act.
Negotiation and Mediation
We engage in negotiation and mediation to resolve employment disputes efficiently, often achieving settlements that avoid the cost and time of litigation.
Termination and Redundancy
We provide advice on the legal requirements for termination of employment and redundancy processes, including the provision of appropriate notices, severance payments, and consultation obligations.
Mediation and Conciliation
We can facilitate or represent employers in mediation and conciliation processes, which are often effective in reaching a settlement without the need for a protracted legal battle.
Defence Against Discrimination and Harassment Claims
We defend employers against claims of discrimination or harassment, working to discredit unfounded allegations or negotiate resolutions where appropriate.
Fair Work Ombudsman and Fair Work Commission Matters
We represent employers in matters before the Fair Work Ombudsman and Fair Work Commission, including responding to claims and advocating on behalf of the employer.

How Axia Can Help Employers With Employment Disputes

Axia Litigation Lawyers can provide employers with comprehensive legal assistance in the resolution of employment disputes, ensuring that their rights and interests are robustly represented and protected. Our services encompass the following areas:

We provide authoritative advice on your obligations and protections as an employer, addressing issues such as wrongful dismissal claims, redundancy procedures, discrimination allegations, and workplace conduct. Our advice ensures employers are fully informed to make decisions that are legally sound and commercially sensible.

Our team reviews employment contracts and workplace policies to protect employers against potential disputes and liabilities.

If an employer is accused of wrongful dismissal, unlawful termination or breaches of general protections we will examine the circumstances of the dismissal to robustly defend the employer’s actions. We provide representation before tribunals and courts, aiming to demonstrate that the termination was lawful, reasonable, and in compliance with the Fair Work Act.

We engage in negotiation and mediation to resolve employment disputes efficiently, often achieving settlements that avoid the cost and time of litigation.

We provide advice on the legal requirements for termination of employment and redundancy processes, including the provision of appropriate notices, severance payments, and consultation obligations.

We engage in negotiation and mediation to resolve employment disputes efficiently, often achieving settlements that avoid the cost and time of litigation.

We defend employers against claims of discrimination or harassment, working to discredit unfounded allegations or negotiate resolutions where appropriate.

We represent employers in matters before the Fair Work Ombudsman and Fair Work Commission, including responding to claims and advocating on behalf of the employer.

  • Employment Legal Counsel

  • Contractual Review and Drafting

  • Negotiation and Mediation

  • Representation in Wrongful Dismissal, Unlawful Termination and Breach of General Protection Claims

  • Termination and Redundancy

  • Mediation and Conciliation

  • Defence Against Discrimination and Harassment Claims

  • Fair Work Ombudsman and Fair Work Commission Matters

Our objective is to ensure that employers navigate employment disputes with the utmost legal acumen, safeguarding their business interests while adhering to the highest standards of employment practice. Through our expertise, we strive to achieve outcomes that are legally compliant, commercially sensible, and beneficial for the ongoing operation of the business. the workplace.

EVERY MOVE MATTERS

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

Types of Employment Disputes We Handle

Employment law in Queensland is primarily governed by the Fair Work Act 2009 (Cth), which is federal legislation applicable throughout Australia, including Queensland. This Act provides the legal framework for the majority of the workforce in terms of minimum employment standards, collective bargaining, unfair dismissal, and other workplace matters.

These disputes arise when an employee alleges that their termination was unjust, harsh, unreasonable, unlawful, or in breach of general protections. Under the Fair Work Act 2009 (Cth), employees may seek remedies if they believe they have been unfairly dismissed, unlawfully terminated, or subjected to adverse action in violation of their general protections. Claims must be lodged within a strict timeframe, and the Fair Work Commission assesses various factors, including the employer’s reasons for dismissal, whether due process was followed, and if the termination complied with legal requirements.

If you believe you were unfairly dismissed, unlawfully terminated from your job, or subjected to adverse action breaching general protections, or if an employee has lodged a claim against you, we can guide you through the Fair Work Commission process and represent you to secure the best possible outcome.

Discrimination in the workplace occurs when an employee is treated less favourably on the basis of attributes such as age, gender, race, disability, or sexual orientation, among others. These allegations are serious and can be addressed under various legislation, including the Anti-Discrimination Act 1991 (Qld) and the Australian Human Rights Commission Act 1986 (Cth). Employers must ensure that their workplaces are free from discriminatory practices, and disputes often involve claims for compensation or other remedies.

We offer representation in cases involving discrimination on the basis of gender, race, age, or other protected attributes, helping to safeguard your rights or defend your business from unjust claims.

These disputes involve disagreements over the payment of wages, salaries, or other entitlements such as leave, overtime, or penalty rates. Employees are entitled to certain minimum standards under the Fair Work Act 2009 (Cth) and relevant awards or enterprise agreements. Disputes may require intervention from the Fair Work Ombudsman or may be litigated in the Fair Work Commission or courts to resolve discrepancies in payment or entitlements.

If you are owed unpaid wages, overtime, or entitlements, or if you need to defend against such a claim, we can assist in resolving these disputes efficiently.

This type of dispute arises when there is a disagreement regarding the interpretation, application, or breach of terms within an employment contract. Such disagreements may relate to job responsibilities, salary, benefits, or other contractual obligations. Resolution may involve negotiation, mediation, or, if necessary, litigation to enforce or interpret contractual rights and duties.

If you’re involved in a dispute over employment contract terms, we can help you navigate the complexities of the situation. Our team will provide expert legal advice, assist in negotiating a resolution, and represent you in any necessary legal proceedings to ensure your contractual rights are upheld.

Post-employment disputes often relate to contractual clauses that restrict an employee’s actions after leaving a job. Non-compete and restraint of trade clauses, for instance, seek to prevent an employee from working with competitors or soliciting clients for a specified period. The enforceability of such clauses is contingent upon their reasonableness in scope, duration, and geographical limitation. Breaches of these clauses can lead to legal action, where courts balance the protection of the employer’s legitimate business interests against the employee’s right to earn a living.

If you’re facing challenges related to non-compete or restraint of trade clauses, or other post-employment obligations, we can guide you through the legal landscape surrounding these restrictions. We will work to resolve the matter through negotiation or, if necessary, represent you in court to protect your interests and ensure a fair outcome.

In each of these disputes, the pursuit of a resolution should be conducted with due regard for legal principles, evidentiary requirements, and the overarching objective of upholding the rights and obligations of all parties involved

Frequently Asked Questions About Employment Disputes

An unfair dismissal occurs when an employee is terminated without a valid reason, or the dismissal process was not carried out fairly or in accordance with procedural justice.

Unlawful termination involves dismissing an employee for reasons that are prohibited by law, such as discrimination or retaliation for exercising workplace rights.

A general protections breach occurs when an employee is subjected to adverse action, including dismissal, for exercising a workplace right, engaging in industrial activities, or being entitled to the benefit of a lawful industrial instrument.

Not all employees are eligible to make an unfair dismissal claim. For example, casual employees without regular and systematic shifts, high-income earners beyond the high-income threshold, and employees within their minimum employment period are generally not eligible. However, all employees are protected from unlawful termination and general protections breaches. This means that even if an employee is not eligible to claim unfair dismissal, they may still have grounds to claim unlawful termination or a breach of general protections if they were dismissed for prohibited reasons, such as discrimination, retaliation for exercising workplace rights, or engaging in industrial activities.

In Australia, you generally have 21 days from the date of dismissal to lodge an unfair dismissal claim with the Fair Work Commission. The same 21-day timeframe applies for lodging claims related to unlawful termination and general protections breaches involving dismissal. It is crucial to act promptly to ensure your claim is considered within the required timeframe.

You should first raise the issue with your employer. If unresolved, you may seek assistance from the Fair Work Ombudsman or consider legal action for recovery of unpaid wages or entitlements.

You have the right to work in an environment free from discrimination. You can lodge a complaint with bodies like the Australian Human Rights Commission or the relevant state anti-discrimination board.

To enforce a non-compete or restraint of trade clause, you must demonstrate that the clause protects legitimate business interests and is reasonable in scope, duration, and geographical limitation. Legal proceedings may be necessary for enforcement, during which the court will assess whether the restrictions are justified and balanced against the former employee’s right to earn a living and accords with public policy.

Reasonableness varies by case but generally involves considerations of the geographic area, time period, and scope of activities restricted. The clause must balance the employer’s legitimate business interests with the employee’s right to work. Courts will assess whether the restrictions are necessary to protect the employer’s interests and whether they impose undue hardship on the employee or are contrary to public policy.

Generally, an employer cannot unilaterally change the terms of an employment contract without your agreement. Changes typically require negotiation and mutual consent.

Unfair Dismissal is a claim grounded in the statutory protections afforded by the Fair Work Act 2009 (Cth). It focuses on whether the employer acted reasonably and followed fair process in dismissing the employee. Factors considered include the validity of the reason for dismissal, whether the employee was notified and given an opportunity to respond, and if any support was provided during the process. The Fair Work Commission evaluates these claims, and remedies can include reinstatement or compensation.

Unlawful Termination involves dismissing an employee for reasons that are prohibited by law, such as discrimination, retaliation for exercising workplace rights, or other protected attributes. This type of claim is also assessed under the Fair Work Act 2009 (Cth) and can lead to remedies including compensation and reinstatement.

General Protections Breaches occur when an employee is subjected to adverse action, including dismissal, for exercising a workplace right, engaging in industrial activities, or being entitled to the benefit of a lawful industrial instrument. These claims are also covered under the Fair Work Act 2009 (Cth), and the Fair Work Commission can provide remedies such as reinstatement, compensation, and penalties against the employer.

Redundancy occurs when an employer deems an employee’s position surplus to the company’s needs due to operational changes. Genuine redundancies typically arise from operational restructuring, technological advancements, or management decisions to downsize. Legally, employers are required to promptly inform affected employees of impending redundancies and consult with them about the changes and any alternatives.

Under the Fair Work Act 2009 (Cth), employers must also explore and, where possible, offer alternative positions within the organisation before making a position redundant. This includes considering redeployment opportunities for the affected employees.

Redundancies usually include a one-off severance payment that correlates with the employee’s duration of service. Disputes may arise if the redundancy is perceived as not genuine, if proper processes weren’t followed, or if there’s a disagreement over entitlements like severance pay. Employers must comply with the Fair Work Act 2009 (Cth) to avoid such disputes.

Notice of termination is a formal declaration by either the employer or the employee indicating the intention to end the employment relationship after a specified period. This notice period allows the other party time to adjust to the change in employment status, such as seeking alternative employment or finding a replacement.

The length of the notice period may be stipulated by the terms of the employment contract, an applicable modern award, enterprise agreement, or the National Employment Standards (NES) under the Fair Work Act 2009 (Cth). The NES provides minimum notice periods based on the duration of service, which employers must adhere to unless an employment contract or industrial instrument specifies a longer period.

The minimum notice periods under the NES are as follows:

• For employees with less than 1 year of service: 1 weeks’ notice

• For employees with 1 to 3 years of service: 2 weeks’ notice

• For employees with 3 to 5 years of service: 3 weeks’ notice

• For employees with over 5 years of service: 4 weeks’ notice

Additionally, employees who are over 45 years old and have completed at least 2 years of service are entitled to an additional week of notice.

If you believe that your workplace rights have been infringed, start by documenting the incidents and reviewing your employment documentation to understand your rights. Attempt to resolve the issue internally, but if necessary, seek legal advice or contact the Fair Work Ombudsman. You may consider mediation or conciliation through the Fair Work Commission. If unresolved, lodge a formal complaint with a relevant body or, as a last resort, take legal action. Act swiftly to meet any claim deadlines and follow correct procedures to safeguard your rights. It is important to act promptly, as many claims, such as unfair dismissal, have strict time limits.

Every – Move – Matters

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