Employment Law

The laws governing employers, employees, and subcontractors are complex and constantly changing. The introduction, then removal, of the WorkChoices laws, was followed in 2009-2010 by substantial changes under the Fair Work Act. With the re-introduction of awards and unfair dismissal laws, the return of claims for redundancy pay, and the introduction of specific exemptions for small businesses, every business owner and manager should take care to ensure they are fully advised of the law as it now stands.

Though the law is constantly changing, one constant is that there should be a clear, written employment contract, to avoid employers and employees ending up in court, if something goes wrong between them.

Somerville Legal’s experienced employment law team allows businesses to operate with confidence and certainty in relation to their employees. Whether drafting employment contracts, providing advice for employers to effectively address disciplinary or performance issues amongst their employees, or defending claims by disgruntled employees who have been terminated, Somerville Legal is available to assist you in dealing with employment issues with certainty and confidence.

A leading case, handled by the Somerville Legal employment law team was Cactus Imaging v Peters. This related to restraining an employee from acting in breach of his agreement not to work for a competitor.  That case concerned an employee of our client, who left to work for an opposition company.  We had drafted an employment agreement which prevented the employee from working for a competitor to 12 months. The Supreme Court upheld the agreement, and granted an injunction preventing the employee from working for the opposition company for the full period of 12 months.

For more information, please contact Tim Somerville.