Having clear, well-drafted employment documents in place is essential, not just to ensure your expectations are clear, but to protect your business if a dispute arises.
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McCarthy Durie Lawyers
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What We Do
Well-drafted employment documents protect your business and set clear expectations from the start.
Guidance on the correct legal process for ending an employment relationship, whether due to redundancy, performance, or misconduct.
We help employers respond to, and employees bring, claims in the Fair Work Commission efficiently and cost-effectively.
Whether you are starting a new job, dealing with an issue at work, or have recently been dismissed, we are here to support you.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
Whether you are an employer or employee, we listen to the facts and assess your legal position.
We explain your rights, obligations, and the likely outcomes of each course of action.
We draft documents, prepare responses, or initiate proceedings on your behalf.
We work towards a resolution that protects your interests, whether through negotiation or the Fair Work Commission.
In Detail
Misclassifying a worker as a contractor when they are legally an employee can expose your business to serious liabilities including back-pay for entitlements.
If it becomes necessary to end an employment relationship, it is critical to follow the correct legal process to avoid claims. We help with:
Facing a claim in the Fair Work Commission can be stressful and costly if not handled properly. We assist in responding to:
Whether you are starting a new job, dealing with a workplace issue, or have recently been dismissed, we can assist with:
Having clear, well-drafted employment documents protects your business and sets clear expectations. We assist with:
When a complaint or allegation arises in the workplace, a proper investigation is essential. We can:
Business restructuring often involves changes to roles and redundancies. Getting the process right is essential to avoid unfair dismissal claims.
Employers have strict obligations under workplace health and safety laws. Non-compliance can result in significant penalties. We advise on:
Misclassifying a worker as a contractor when they are legally an employee can expose your business to serious liabilities including back-pay for entitlements.
Facing a claim in the Fair Work Commission can be stressful and costly if not handled properly. We assist in responding to:
Having clear, well-drafted employment documents protects your business and sets clear expectations. We assist with:
Business restructuring often involves changes to roles and redundancies. Getting the process right is essential to avoid unfair dismissal claims.
If it becomes necessary to end an employment relationship, it is critical to follow the correct legal process to avoid claims. We help with:
Whether you are starting a new job, dealing with a workplace issue, or have recently been dismissed, we can assist with:
When a complaint or allegation arises in the workplace, a proper investigation is essential. We can:
Employers have strict obligations under workplace health and safety laws. Non-compliance can result in significant penalties. We advise on:
Latest Insights
If your business is thinking about a restructure, a recent High Court decision matters to you—even if you’re not a big company. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (6 August 2025), the High Court clarified how “genuine redundancy” is
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A recent decision of the High Court of Australia has significantly reshaped the legal landscape concerning an employee’s entitlement to damages for psychiatric illness resulting from the manner of their dismissal. This development—set against the bro
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Effective Dates: Wage Theft & Civil Penalties: 1 January 2025 Wage Theft & Civil Penalties: 1 January 2025 Superannuation Changes: 1 July 2025 and 1 July 2026 Superannuation Changes: 1 July 2025 and 1 July 2026 1. Criminalisation of Wage Theft
Read moreFAQ
A dismissal may be unfair if it is harsh, unjust or unreasonable, was not a case of genuine redundancy, and proper process was not followed. The Fair Work Commission looks at things like whether the employee was told the reason, given a chance to respond, and given a fair opportunity to improve. Strict time limits apply, so it is important to seek advice quickly after a dismissal.
An unfair dismissal application must generally be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Extensions are only granted in limited circumstances. If you think you may have been unfairly dismissed, get advice as early as possible so the deadline is not missed.
The distinction is based on the true nature of the working relationship, not just what the contract calls it. Factors include control, who supplies tools, how the worker is paid, whether they work for others, and whether they bear commercial risk. Misclassification can expose a business to back-pay for entitlements, superannuation and tax liabilities, so it is worth getting reviewed.
A redundancy is genuine when the role is no longer required because of operational changes, the employer has complied with consultation obligations in any applicable award or agreement, and there are no reasonable redeployment options. If any of these elements are missing, what was intended as a redundancy can be challenged as an unfair dismissal.
Yes. Even short, simple roles benefit from a written employment contract that confirms pay, hours, leave, confidentiality, IP ownership and termination terms. Without one, both employer and employee default to award and statutory minimums and disputes are much harder to resolve. We draft contracts for all levels from casual staff to senior executives.
Take it seriously and respond carefully. A show-cause letter usually means the employer is considering termination or significant disciplinary action and is giving you a chance to respond. Get legal advice before replying so your response addresses the allegations properly and preserves your position if the matter ends up in the Fair Work Commission.
Online Enquiry
Have a question about employment law? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
