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 the best Employment Lawyers, as we take a holistic, preventative approach that combines Occupational Health & Safety (OH&S) Law, Industrial Consultancy Services, and Employment Law, including defence where required.

We specialise in providing expert legal advice and representation, offering employers across Australia a sense of security and confidence. 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. We work with clients across Australia, including Melbourne, Perth, Sydney, Adelaide, and Brisbane.

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

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Employer-Focused Workplace & Employment Law Lawyers

Our employment law services are designed to protect businesses, decision-makers, and operational continuity. We provide both preventative advice and strategic representation where matters escalate to disputes, tribunals, or courts.

We work closely with boards, executives, HR teams, and managers to ensure employment decisions are compliant, commercially sound, and defensible.

Our Employment & Workplace Law Services for Employers

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 your business complies with 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 your workplace policies, procedures, and contracts are up to date and legally compliant. Our team of legal experts provides thorough advice on employment law, helping you maintain a compliant, progressive workplace that reduces the risk of potential conflicts.

Key areas of employment law compliance include:

  • Australian 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 and create a safer, 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’s 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, and Enterprise Bargaining Agreements, and are legally enforceable. We also review existing contracts to identify potential risks, provide advice on actions to take in specific circumstances, and recommend updates to reflect changes 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
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Fair Work Proceedings: protecting employers in legal disputes

Disputes between employers and employees can quickly escalate, often leading to involvement by the Fair Work Commission. 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:

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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
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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 work 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.

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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 employees 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, we 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 for fair treatment, ensuring that dismissals or actions comply with the Fair Work Act before any claim is made.

Workplace Investigations & Employment Law Integration

Employment law and workplace investigations are closely linked. Decisions arising from investigations frequently underpin termination outcomes, disciplinary action, and litigation risk.

Our employment lawyers work closely with investigation teams to ensure:

  • Investigations are legally defensible
  • Evidence gathering aligns with employment law requirements
  • Findings support lawful outcomes
  • Decisions are proportionate and well-reasoned

This integrated approach strengthens employer outcomes and reduces the likelihood of claims arising from flawed investigative processes.

Fair Work Commission Representation for Employers

We provide representation and strategic advice for employers in matters before the Fair Work Commission, including:

  • Compliance-related disputes
  • Unfair dismissal claims
  • General protections and adverse action matters
  • Jurisdictional objections
  • Conciliation conferences and hearings

Our approach is outcome-focused and commercially pragmatic, aiming to resolve matters efficiently while protecting employer interests and reputation.

Why Choose Hentys Lawyers For Your Workplace & Employment Law Lawyers in Melbourne?

At Hentys Lawyers, we understand the legal, operational, and reputational challenges employers face when managing their workforce. With extensive experience across employment law and occupational health and safety, we provide employers with clear, strategic advice to navigate compliance, manage disputes, and respond confidently to litigation.

Our employment law team delivers practical, commercially focused solutions tailored to your business needs. We work closely with decision-makers to achieve effective outcomes efficiently — whether through prevention, early resolution, or robust legal representation where matters escalate.

Employer-Focused Advice with Proven Experience

We take a whole-of-employment-lifecycle approach, supporting employers through prevention, management, litigation, and alternative dispute resolution. This integrated approach allows us to identify risk early, reduce disputes, and protect businesses and their leaders.

With over 50 years of combined experience, our results speak for themselves. We regularly assist employers with:

  • Workplace injury management & return to work processes
  • Employment contracts and executive agreements
  • Termination of employment, including redundancy planning
  • Performance management and misconduct processes
  • Compliance with the Fair Work Act and National Employment Standards
  • Workplace investigations and disciplinary outcomes
  • Defence of unfair dismissal and adverse action claims
  • Functional capacity evaluations and capacity-related decision-making
  • Human resources policies and governance frameworks
  • Equal opportunity, discrimination, and harassment defence

Why Employers Choose Hentys As Their Employment Law Lawyers?

  • Employer-only representation
  • Strong Melbourne employment law capability with national reach
  • Integrated employment law, OHS, investigations, and dispute resolution expertise
  • Practical advice grounded in legal defensibility and risk management
  • Proven experience before the Fair Work Commission and courts

Our Expert Employment Law & Workplace Legal Team in Melbourne

As specialist employment lawyers, our team combines legal expertise with practical industrial experience to deliver strategic solutions tailored to employers. We are trusted for our depth of knowledge in workplace law and provide support that few other firms can offer—ensuring your business has access to clear, effective advice and representation when it matters most, 24/7.

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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.
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.
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 Our Employment & Workplace Law Lawyers at Hentys 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.

Protect Your Business from Employment Law Risks

Advice tailored for employers managing dismissals, grievances, and compliance.

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

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