Expert Employment Legal Advice & Support for Employers on a National Scale

Navigating the complexities of employment law can be challenging for any business. Employers face many responsibilities, from ensuring compliance with workplace laws to managing disputes effectively. 

At Hentys Lawyers (Hentys), we consider ourselves to be the best Employment Lawyers as we take a holistic and preventative approach in combining Occupational Health & Safety (OH&S) Law, Industrial Consultancy Services, as well as Employment Law, including defence where required.

We specialise in providing expert legal advice and representation, offering a sense of security and confidence to employers all over Australia. We help you resolve workplace issues efficiently while safeguarding your business from potential legal risks. As trusted Employment Lawyers, we offer tailored services to address the specific needs of employers, ensuring that your business remains compliant, your workforce is effectively managed, and your legal obligations are met.

For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.

Employer Services: Comprehensive Legal Support for Businesses

Employers must stay informed about their legal obligations to effectively manage their workforce and avoid costly disputes. Hentys offers a comprehensive range of services that address all aspects of employment law for businesses. Below are some of the key employment law services we provide:

Compliance with Employment Law: Stay on the right side of the law

Employment law is dynamic and constantly evolving, prioritising compliance for all businesses. At Hentys, we take a proactive approach to ensure that your business adheres to the Fair Work Act, workplace health and safety regulations, and all legal obligations. This is critical to minimise the risk of legal disputes, fines, and penalties.

At Hentys, we work closely with you to ensure that your workplace policies, procedures, and contracts are up-to-date and legally compliant. Our team of legal experts provides thorough advice on employment legislation, helping you maintain a compliant and progressive workplace that reduces the risk of potential conflicts.

Key areas of employment law compliance include:

  • Fair Work Act and National Employment Standards (NES)
  • Wage compliance, overtime, and other relevant entitlements
  • OH&S
  • Defence of Occupational Health and Safety Prosecutions
  • Anti-discrimination laws, including disability discrimination, and equal opportunity

By ensuring compliance with your statutory, legal and regulatory obligations , your business will avoid legal challenges and penalties, as well as creating a safer and more efficient work environment for your employees.

Employment Contracts: Solidifying employer-employee relationships

A well drafted employment contract is essential for outlining the terms and conditions of employment and setting clear expectations between employers and employees. These contracts protect both parties and help prevent wage, entitlement and termination disputes.

Our Employment Lawyers in Melbourne draft contracts that are tailored to your business’ needs. Whether you require full-time, part-time, or contractor agreements, we ensure that all contracts comply with the Fair Work Act, your relevant Awards, Enterprise Bargaining Agreements and that they are legally enforceable. We also review existing contracts to identify potential risks and provide advice on any, actions that can be taken in specific circumstances, and of any recommended updates to reflect any changes made to the law.

Our employment contract services include, but are not limited to:

  • Drafting comprehensive employment and contractor contracts
  • Reviewing and updating existing contracts
  • Advising on contract terms, entitlements, and employee obligations
    • Representing employers in contract disputes and negotiations
employment law lawyers Melbourne

Fair Work Proceedings: protecting employers in legal disputes

Disputes between employers and employees can quickly escalate, often leading to Fair Work Commission involvement. If your business faces an unfair dismissal claim, adverse action claim, wage dispute, or general protection issue, Hentys Lawyers is here to represent your interests.

We have extensive experience representing employers in all stages of Fair Work proceedings, including conciliation, mediation, and arbitration. We aim to resolve disputes as quickly and cost-effectively as possible, avoiding litigation wherever feasible. However, if negotiations break down, we are prepared to defend your business in arbitration.

Our Services include, but are not limited to:

  • Representation in unfair dismissal, general protections and adverse action claims in the Fair Work Commission
  • Wage and entitlement disputes
  • Defence against claims of workplace harassment and discrimination
  • Anti-Bullying Orders in the Fair Work Commission

Federal Circuit Court Proceedings: Defending your business in Court

If a dispute escalates beyond the Fair Work Commission and enters the Federal Circuit and Family Court of Australia or the Federal Court of Australia, you need a legal team with a deep understanding of employment law and litigation. Hentys has the experience necessary to represent employers in court, defending your business against claims that could result in significant financial or reputational damage.

Our employment lawyers provide strong defence strategies and work to minimise your legal exposure. We guide you through every step of the Court process, from filing responses to representing your case and safeguarding your interests before a judge.

We handle:

  • Defence against workplace harassment claims
  • Defence against unfair dismissal, general protections and adverse action cases
  • Wage and contracted hours litigation
  • Contract disputes involving employees and contractors

Dispute Resolution: Efficiently resolving workplace conflicts

Workplace disputes can disrupt operations and negatively impact employee morale. At Hentys, we emphasise early intervention and non-litigious dispute resolution methods, including mediation and negotiation. Compared to prolonged legal battles, these approaches can save time, money, legal exposure and relationships.

Our employment law lawyers works with you to identify the core issues in a dispute and develop a resolution strategy that aligns with your business objectives. Whether the conflict involves a contract dispute, wage issue, or discrimination claim, among other things, we aim to resolve the matter quickly and fairly while minimising business disruption.

employment law lawyers Melbourne

Occupational Health and Safety Compliance: Safeguarding and Defending your workplace

Employers are legally required to provide a safe working environment for their employees, and failure to comply with OH&S requirements can result in legal consequences. At Hentys, we assist employers in implementing robust OH&S policies, procedures and Safe Operating Procedures (SOPs) that ensure regulatory and statutory compliance and reduce the risk of workplace accidents or disputes.

Our OH&S compliance services include, but are not limited to:

  • Defence of OH&S Prosecutions
  • Undertaking OH&S audits.
  • Drafting and reviewing workplace policies and procedures
  • Drafting SOPs

By proactively addressing workplace safety, your business can mitigate employee’s from giving rise to legal actions whilst also creating a safer, more productive work environment.

Defence Against Unfair Dismissal and Adverse Action Claims

One of employers’ most common challenges is defending against unfair dismissal or adverse action claims. These claims can often arise from employees perceiving that they have been negatively treated when exercising a workplace right, or through an employer subjecting them to a process of performance management, capacity evaluations including when returning to work, termination, redundancy, other disciplinary actions, and any perceived negative treatment toward employees who have exercised their workplace rights.

At Hentys Lawyers, assist you by: 

  • providing a strong legal defence against these claims, ensuring employers can protect their business from false or unjust accusations; and
  • help you navigate the legal requirements around fair treatment, ensuring that dismissals or actions comply with the Fair Work Act prior to any claim being made.

Why Choose Hentys Lawyers?

At Hentys, we understand businesses’ legal complexities in managing employees. With extensive experience in employment law and occupational health and safety, we offer employers the knowledge and support they need to navigate the landscape of compliance, dispute resolution, and litigation.

Our employment law team is committed to delivering practical solutions tailored to your business needs and focused on achieving the best outcomes in the most efficient way possible.

We offer practical business solutions that focus on prevention, management, litigation and alternative dispute resolution. 

We have over 50 years experience, and our results are proven:

Contact Hentys Lawyers Today

Call our office on (03) 8615 4200 or email hjk@hentys.com.au.

To find out more about our services, please complete our enquiry form.

Your employment law for employers questions answered

How can I ensure my business is compliant with employment laws?
Regular reviews of workplace policies, procedures and contracts are essential to ensure compliance. Our team provides legal audits, giving you the peace of mind that comes from knowing your business is aligned with the latest legal obligations.
What should I do if an employee files a claim with the Fair Work Commission?
Act promptly and seek legal advice. Our lawyers will represent you in the Fair Work Commission proceedings, helping protect your business interests.
What should I include in a performance meeting with an employee?
When conducting a performance meeting, providing clear feedback on strengths and areas needing improvement is essential. Include specific examples to support your points, set measurable goals for improvement, and ensure the employee has an opportunity to respond. Documentation of this conversation is key for future reference.
Can I terminate an employee immediately after a poor performance review?
Termination should typically follow a fair and structured process. Under Australian employment law, employees should be given an opportunity to improve their performance after receiving constructive feedback. Immediate termination without a proper process can expose your business to claims of unfair dismissal, so it’s advisable to consult with employment lawyers before taking such action.
What happens if an employee disputes the feedback given during a performance meeting?
It’s common for employees to disagree with feedback, but it’s important to stay professional and objective. Document the conversation carefully, and if necessary, invite a third-party observer, such as an HR representative, to provide support. In case of continued disputes, seek legal advice from employment lawyers to ensure the matter is handled correctly and that your business is protected.
What should I do if the employee becomes defensive or upset during the meeting?
It’s important to remain calm and professional. Acknowledge the employee’s feelings and allow them to speak, but keep the conversation focused on the issues at hand. Consider rescheduling the meeting if the employee becomes too emotional. Employment lawyers can assist in advising on how to handle these situations effectively.
What should I do if the employee becomes defensive or upset during the meeting?
It’s important to remain calm and professional. Acknowledge the employee’s feelings and allow them to speak, but keep the conversation focused on the issues at hand. Consider rescheduling the meeting if the employee becomes too emotional. Employment lawyers can assist in advising on how to handle these situations effectively.
Can I ask an employee to sign a document agreeing to their performance review results?
You can ask an employee to sign a document summarising the performance review discussion. However, they are not legally required to sign it. Ensure that the document accurately reflects the conversation, and if the employee refuses to sign, note this and ask them to provide a written response.
Can I ask an employee to sign a document agreeing to their performance review results?
You can ask an employee to sign a document summarising the performance review discussion. However, they are not legally required to sign it. Ensure that the document accurately reflects the conversation, and if the employee refuses to sign, note this and ask them to provide a written response.
What can and can’t I say when having a formal meeting with employees?
If you require assistance with performance management processes, Hentys also assists in ensuring you are compliant by preparing questions and scripts as required.
How can I resolve workplace disputes without going to court?
Mediation and negotiation are effective options for resolving conflicts early. Our lawyers guide you through the dispute resolution process, minimising disruption to your operations.
How do I prepare for a performance meeting with an underperforming employee?
Preparation is critical. Review the employee’s performance history and give specific examples of not meeting expectations. Ensure you’re familiar with company policies regarding performance management and plan how to address the underperformance constructively. Consider involving HR or an employment lawyer to ensure employment law compliance and prevent potential disputes.
How often should I conduct performance reviews?
Performance reviews should be conducted regularly, typically 6 monthly or annually. However, more frequent reviews may be necessary for employees struggling with performance to monitor progress and provide feedback. Regular communication helps to prevent misunderstandings and keeps employees aware of expectations.
How do I legally manage poor performance while avoiding claims of unfair dismissal?
To manage poor performance lawfully:
  • Ensure you follow a structured performance management process, which includes giving the employee clear, written warnings and providing them with an opportunity to improve.
  • Keep detailed records of all conversations and steps taken.
  • If you are considering termination, consult an employment lawyer to ensure compliance with the Fair Work Act.
Do I need a witness present during performance discussions?
While not legally required, it’s often a good idea to have a neutral third party, such as an HR representative, present during performance discussions, particularly if termination is a possibility. This helps protect both parties by providing a record of what was said and agreed upon during the meeting.
Do I need a witness present during performance discussions?
While not legally required, it’s often a good idea to have a neutral third party, such as an HR representative, present during performance discussions, particularly if termination is a possibility. This helps protect both parties by providing a record of what was said and agreed upon during the meeting.
What should I do if an employee requests a support person during the performance discussion?
Under the Fair Work Act, employees are entitled to have a support person present during any meeting that could result in disciplinary action or termination. It’s important to allow this request to ensure procedural fairness. If unsure about the process, consult an employment lawyer to ensure you handle the situation correctly.

Contact Hentys Lawyers Today

If you’re an employer seeking expert legal support, Hentys is ready to help. Our experienced employment law team provides comprehensive services tailored to the unique needs of businesses. Contact us today to schedule a consultation and protect your business with expert legal advice from Melbourne’s leading employment lawyers.

For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.

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