Workplace disputes and legal rules can be tough to handle. If you’re dealing with unfair treatment at work or trying to follow employment laws as a business owner, an employment lawyer can help you understand your rights and responsibilities. But what does an employment lawyer do in Australia and when should you seek their assistance?

Employment lawyers are legal experts who specialise in workplace-related issues. They offer guidance, draft and review employment agreements and represent clients in disputes. Their expertise also keeps compliance with Australian workplace laws, such as the Fair Work Act.

Keep reading to explore the responsibilities and benefits of hiring an employment lawyer in Australia, as well as tips on when and how to engage one.

A Quick Overview: What Does an Employment Lawyer Do?

Employment lawyers in Australia assist with various workplace legal matters, including:

  • Drafting and Reviewing Employment Contracts: Ensuring contracts are fair, legal and tailored to specific roles.
  • Workplace Disputes: Handling issues like unfair dismissal, discrimination and workplace harassment.
  • Compliance with Australian Laws: Advising businesses on adhering to workplace regulations under the Fair Work Act.
  • Dispute Resolution: Offering mediation, negotiation and representation in court or tribunals.

Whether you are an employee or employer, their expertise protects your rights and interests, fostering a fair workplace environment.

Roles and Responsibilities of an Employment Lawyer

Employment lawyers handle a wide range of workplace matters. Here are some of the key roles they take on:

1. Drafting and Reviewing Employment Contracts

One of the primary roles of an employment lawyer is to ensure employment agreements are legally sound and mutually beneficial. They help:

  • Draft contracts that comply with Australian employment laws.
  • Review agreements for clarity and fairness, identifying any terms that could lead to disputes.
  • Provide advice on termination clauses, confidentiality agreements and non-compete clauses.

2. Resolving Workplace Disputes

Employment lawyers play a critical role in resolving workplace conflicts. These can include:

  • Unfair Dismissals: Representing employees who believe they have been unjustly terminated.
  • Workplace Discrimination: Addressing cases of bias based on gender, race, age or disability.
  • Harassment Claims: Assisting victims of workplace bullying or sexual harassment in seeking justice.
  • Wage Disputes: Helping employees recover unpaid wages or superannuation.

3. Advising on Compliance and Regulations

For businesses, staying compliant with Australia’s employment laws is essential. Employment lawyers assist by:

  • Advising on employer obligations under the Fair Work Act.
  • Ensuring workplace policies align with anti-discrimination and occupational health and safety regulations.
  • Conducting audits to identify and mitigate potential legal risks.

4. Dispute Resolution and Representation

When workplace issues escalate, employment lawyers step in to provide legal representation. They:

  • Offer mediation and negotiation to resolve disputes amicably.
  • Represent clients in courts or before the Fair Work Commission.
  • Advocate for fair outcomes in cases involving redundancies, performance issues or contract breaches.

Why You Might Need an Employment Lawyer

Workplace issues aren’t always easy to handle on your own. Whether you’re facing unfair treatment, dealing with a contract dispute or need advice on employment laws, a lawyer can offer guidance and legal protection. Below are some common reasons you might need their help:

For Employees:

  • You’ve been unfairly dismissed or discriminated against.
  • Your employer is not meeting their legal obligations, such as paying your entitlements.
  • You’re facing harassment or bullying at work.
  • You need advice on a complex employment contract.

For Employers:

  • You want to draft or update employment contracts.
  • You’re dealing with a workplace dispute that could escalate to legal action.
  • You need advice on adhering to the latest workplace laws and regulations.
  • You want to create a compliant, inclusive and legally protected workplace.

Common Workplace Issues Handled by Employment Lawyers

Employment lawyers address a wide range of challenges, such as:

  • Managing redundancies and terminations fairly and legally.
  • Ensuring workplace investigations are impartial and thorough.
  • Drafting workplace policies that promote diversity and inclusion.
  • Handling breaches of confidentiality and intellectual property disputes.

Benefits of Hiring an Employment Lawyer

Engaging an employment lawyer offers numerous advantages:

  • Expert Legal Guidance: Access to in-depth knowledge of Australian employment law.
  • Conflict Resolution: Mediation and negotiation services to avoid costly litigation.
  • Proactive Risk Management: Identifying and addressing potential issues before they arise.
  • Cost-Effectiveness: Avoiding expensive fines or lawsuits by ensuring compliance.

When Should You Consult an Employment Lawyer?

Some workplace problems can be solved internally, but others require legal support. If you’re unsure about your rights, facing a serious dispute or dealing with a legal claim, it might be time to seek expert advice. Here are some situations where consulting a lawyer is a good idea:

For Employees:

  • If you feel your rights have been violated.
  • Before signing an employment contract.
  • When facing workplace harassment or discrimination.

For Employers:

  • During recruitment, to draft or review contracts.
  • When updating workplace policies to align with new laws.
  • Before implementing redundancies or significant organisational changes.

Resolve Your Workplace Issues with Rotstein Commercial Lawyers

Working through employment law in Australia can be challenging, but you don’t have to do it alone. At Rotstein Commercial Lawyers, we specialise in employment law, offering tailored advice and robust representation for employees and employers alike. Whether you’re facing workplace disputes or need help drafting contracts, our expert team is here to support you.

Don’t let workplace issues hold you back. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation. Let us provide the legal expertise you need to protect your rights and foster a fair work environment.

Final Thoughts

Understanding what an employment lawyer does in Australia is essential for protecting workplace rights and maintaining compliance. Whether you are an employee seeking justice or an employer striving for a legally compliant workplace, engaging an employment lawyer ensures expert guidance every step of the way. Contact Rotstein Commercial Lawyers today to take the first step toward resolving your workplace concerns.