Employment Lawyers for Employers and Employees
Problems at work can affect your income, your career and your business. Whether you have been dismissed, underpaid or treated unfairly, or you are an employer facing a complaint, claim or regulator investigation, getting the right employment legal advice early makes all the difference.
As a trusted employment law firm with offices in Sydney, Melbourne and Canberra, Brightstone Legal acts for both employers and employees. Our employment lawyers advise major Australian and international businesses, as well as individual employees, senior executives and professionals, on every stage of the employment relationship, from contracts and compliance through to Supreme Court and Federal Court litigation. We are also able to provide advice in English and Mandarin.
Our Services for Employers
Managing people means making decisions that carry legal risk. We help businesses build compliant workplaces, handle sensitive issues fairly and defend claims with confidence.
Workplace Compliance
Our employment lawyers review and draft employment contracts, policies and HR practices against the Fair Work Act, modern awards and enterprise agreements, helping you identify and fix risks early.
Payroll and Underpayment Risk
Our team helps employers assess pay arrangements, investigate potential underpayments and manage remediation, protecting your business from penalties and reputational damage.
Enterprise Bargaining and Industrial Relations
We guide employers through enterprise bargaining and union engagement, from preparing your strategy and negotiating agreements to securing Fair Work Commission approval.
Restructuring and Redundancy
Whether you're restructuring, making redundancies or planning your workforce, we help you meet consultation obligations and manage change lawfully and smoothly.
Terminating Employment
Our team advises on performance management, misconduct and termination, helping you follow a fair process and reduce the risk of unfair dismissal or adverse action claims.
Workplace Investigations
We conduct and oversee sensitive investigations into bullying, sexual harassment, discrimination, fraud and serious misconduct, with fairness and confidentiality at every step.
Work Health and Safety
Our employment lawyers advise on WHS obligations in New South Wales and the ACT, and OHS obligations in Victoria, respond to regulator investigations and assist with critical incident reviews.
Defending Workplace Claims
We defend employers in Fair Work Commission and Federal Court claims involving unfair dismissal, adverse action and discrimination, as well as Fair Work Ombudsman prosecutions and union‑initiated proceedings.
Restraints and Confidential Information
We draft and enforce post employment restraints and act in urgent Supreme Court and Federal Court proceedings to protect your confidential information and client relationships.
Asia Headquartered Employers
We help Asia headquartered businesses with day to day Australian employment, IR and WHS compliance, from reviewing local HR practices and payroll risk to managing regulators, with guidance for offshore management.
Our Services for Employees
Facing a problem at work can be stressful, especially when your job or income is at risk. We give you clear advice on your rights and work to secure a fair outcome.
Unfair Dismissal
If you have been fired unfairly, we can assess your claim, prepare your application to the Fair Work Commission and represent you through conciliation and hearings.
General Protections and Adverse Action
Our employment lawyers help employees who have been dismissed, demoted or treated unfairly for exercising a workplace right, making a complaint or taking protected leave.
Discrimination, Bullying and Sexual Harassment
We advise employees who have experienced discrimination, bullying or sexual harassment at work, and help them pursue complaints and claims through the right channels.
Underpayment and Unpaid Wages
If you have been underpaid or denied entitlements such as overtime, penalty rates, leave or superannuation, we can help you recover what you are owed.
Redundancy
Our team reviews redundancy decisions and payments to check whether your redundancy is genuine and whether you have received your full entitlements.
Employment Contracts and Settlement Agreements
We review employment contracts, separation offers and deeds of release before you sign, so you understand your rights and can negotiate better terms.
Executive Employment and Exits
We act for senior employees and executives in complex disputes involving contractual claims, incentive entitlements and termination issues, negotiating exits that protect your career and reputation.
Post Employment Restraints
If your former employer is trying to enforce a restraint of trade, we can assess whether it is enforceable and act for you in negotiations or court proceedings.
Frequently Asked Questions (FAQ)
Both. Our employment lawyers act for businesses of all sizes, from Asia‑headquartered companies to major Australian employers, as well as individual employees, senior executives and professionals. Before taking on any matter, we check for conflicts of interest to make sure we can act for you.
An employment lawyer advises on the rights and obligations of employers and employees under Australian workplace laws. For businesses, this includes contracts, policies, compliance, investigations and defending claims. For employees, it includes advice on dismissal, underpayment, discrimination, contracts and negotiating fair outcomes.
As early as possible. Employers benefit most from advice before restructuring, terminating an employee or responding to a complaint or regulator. Employees should seek advice before signing a contract or settlement offer, or as soon as they believe they have been treated unfairly. Acting early protects your position and usually costs far less.
An employee generally has 21 days from the date their dismissal takes effect to lodge an unfair dismissal application with the Fair Work Commission. The same 21‑day limit applies to general protections claims involving dismissal. Whether you are making or responding to a claim, seek advice straight away.
Generally, an employer must give notice of termination, or pay in lieu of notice, as set out in the National Employment Standards, your award or agreement, or your contract. Dismissal without notice is usually only allowed for serious misconduct. If you have been dismissed without notice, it is worth getting advice on whether the dismissal was lawful.
You may be able to recover unpaid wages and entitlements, and claims can generally be brought up to six years after the underpayment occurred. We can review your pay records, calculate what you are owed and help you recover it through negotiation or legal action.
Act quickly. Underpayments can attract significant penalties, and intentional underpayment is now a criminal offence. We can help you investigate the extent of the issue, calculate and pay back what is owed, and manage any engagement with the Fair Work Ombudsman.
Most private sector employers and employees across Australia are covered by the national Fair Work system. However, each state and territory has its own laws on workplace safety, long service leave and discrimination. In New South Wales, these include the Work Health and Safety Act 2011 and the Anti‑Discrimination Act 1977. In the ACT, they include the Work Health and Safety Act 2011 (ACT) and the Discrimination Act 1991. With offices in all three jurisdictions, our employment lawyers can advise on the laws that apply to you.
Victoria referred its industrial relations powers to the Commonwealth, so most private sector workplaces are covered by the Fair Work Act. Victorian laws still apply in some areas, including the Occupational Health and Safety Act 2004 (regulated by WorkSafe Victoria), the Long Service Leave Act 2018 and the Equal Opportunity Act 2010. Our employment lawyers in Melbourne can advise on how these laws work together.
They can be, but only where the restraint is reasonable and protects a legitimate business interest such as confidential information or client relationships. Courts look closely at the scope, duration and geographic reach of the restraint. We advise employers on drafting and enforcing restraints, and employees on understanding and challenging them.
Yes. Our bilingual employment lawyers can advise you in English or Mandarin, which helps both Mandarin‑speaking employees and offshore management teams understand their rights and obligations clearly.
Why Choose Brightstone Legal?
We act for both employers and employees, so we understand workplace disputes from every side.
As a multidisciplinary firm, we combine employment, commercial, immigration, tax and litigation expertise, so you get joined‑up advice in one place.
Our advice is practical, commercial and focused on your goals.
We offer bilingual support in English and Mandarin, with offices in Sydney, Melbourne and Canberra.
At Brightstone Legal, our multi-disciplinary legal team works with clients across a broad area of legal practice.
Not sure what you need help with?
Don’t worry, book a time to talk with one of our helpful and friendly solicitors.
