Employment Law
Whether you’re an employer or employee, our experienced team is here to guide you through the complexities of today’s workplace law.
Get in touchEmployment Law
Whether you’re an employer or employee, our experienced team is here to guide you through the complexities of today’s workplace law.
Get in touchEmployment Law
Whether you’re an employer or employee, our experienced team is here to guide you through the complexities of today’s workplace law.
Get in touchEmployment Law
Employment Law Services
We act for many large and medium-sized employers in reviewing and drafting employment contracts and letters of offer. These can incorporate bonus schemes and other incentives for maximising productivity and minimising disputes.
Our dedicated team offers expertise in the courts of New South Wales and Victoria, as well as the Federal Magistrates Court of Australia and Fair Work Australia.
We can help resolve disputes involving breach of contract, breach of restraint of trade and unlawful or unfair dismissal.
We also provide ongoing advice to businesses on modern awards, the distinction between independent contractors and contracts of service, and avoiding litigation upon termination of employment.
How we help you
Our experienced team of lawyers and conveyancers will:
Employment Contracts and Compliance
- Draft and review employment contracts and letters of offer
- Incorporate bonus structures and incentive schemes to encourage performance
- Ensure compliance with Fair Work laws and modern awards
- Clarify distinctions between employees and independent contractors
Dispute Resolution and Representation
- Act in matters involving breach of contract or restraint of trade
- Represent employers in unlawful or unfair dismissal cases
- Handle disputes before the courts in New South Wales, Victoria, and the Federal Magistrates Court
- Provide practical strategies to minimise disruption and financial risk
Ongoing Workplace Support
- Advise on managing terminations to avoid litigation
- Offer guidance on workplace policies, employee relations, and performance management
- Help businesses maintain compliance with employment standards and regulations
- Support proactive solutions to prevent disputes before they escalate
What we can help with
Talk to us about issues relating to:
- Employment contracts and letters of offer
- Bonus and incentive schemes
- Breach of contract and restraint of trade
- Unlawful or unfair dismissal
- Independent contractor arrangements
- Modern awards and compliance
- Termination advice and risk prevention
- Employment disputes and representation
Why Choose Kell Moore for Employment Law
Local Expertise
Experienced Team
Plain English Advice
Comprehensive Service
Competitive Pricing
Three Offices
Frequently Asked Questions
The FWC is Australia’s national workplace relations tribunal. It oversees modern awards, enterprise bargaining, unfair dismissal claims, general protections disputes, and minimum employment standards.
The NES are 10 minimum entitlements for employees in the national workplace system. They include things like annual leave, parental leave, public holidays, notice of termination, and a 38-hour average working week.
The NSW IRC mainly deals with NSW public sector employees, police, and some state-regulated workers. It handles industrial disputes, awards, and disciplinary matters for state system employees.
Under the Fair Work Act, a dismissal is considered unfair if it is harsh, unjust, or unreasonable, if it is not a genuine redundancy, and if the employer is a national system employer. An employee must also meet the minimum employment period, which is six months or twelve months depending on the size of the employer.
No. Employment contracts can be verbal, written, or implied. However, employers must provide a Fair Work Information Statement (and a Casual Employment Information Statement for casuals).
The difference between an employee and an independent contractor depends on the overall working relationship, including who controls the work, whether the person can subcontract, who provides tools, and how payment is made. Misclassifying a worker as a contractor when they are actually an employee is unlawful under the Fair Work Act.
Employees can apply to the Fair Work Commission for an anti-bullying order if they are being repeatedly bullied at work and it creates a health and safety risk. NSW Work Health and Safety laws also require employers to manage psychosocial risks, including bullying.
Matthew Rogers
Director
Travis Johnson
Senior Lawyer
