Our employment and business lawyers offer a holistic approach to employment law and the associated services that we provide. We are able to guide our clients (both employers and employees) through every stage of business operations, from assisting small start-up businesses with their employment concerns to advising large public companies (listed and unlisted) on sensitive board matters and everything in-between.
In addition to providing flawless drafting services when preparing key documents such as employment agreements (at the executive and senior management level as well as for other full-time/part-time and casual employees), independent contractor agreements and policy and procedures manuals, our employment and business lawyers are also able to act for clients when they are in disputes with their employees (or vice-versa). This includes advising on codes of practice that must be followed, workplace discrimination, performance management strategies, drafting written warnings, advising on termination procedures compliant with Australian Law and acting for employers and employees in Unfair Dismissal Applications along with acting in General Protections, Adverse Action matters before the Fair Work Commission and the Federal Circuit Court.
Further, our employment lawyers provide clear expert advice to employees and employers alike regarding restraint of trade/non-compete clauses in contracts of employment and where necessary, act in proceedings seeking both interim and final injunctions to prevent an employee from establishing or working for a competing business or poaching clientele in contravention of such restraints. Where such a clause may be unenforceable, we endeavour to offer our clients practical alternatives to taking what can be expensive and time-consuming court action.
For employers, we offer services including but not limited to the following:
- Drafting a suite of employment related documents including employment agreements and deeds as well as collateral documents such as written warnings, policies and procedures and confidentiality and non-disclosure documentation;
- Advising and acting in respect of forming an enterprise agreement between an employer and its workforce;
- Advising on modern award coverage and minimum terms of employment;
- Providing advice on workplace health and safety matters including WorkCover and SafeWork claims;
- Providing advice regarding properly terminating an employee’s employment in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards and relevant modern awards, whether such termination be on the basis of poor performance, redundancy or summary misconduct; and
- Defending employers against demands and claims from current and/or former employees for applications for unfair dismissal, general protections/adverse action and bullying.
For employees, we offer services including but not limited to the following:
- Advising on modern award coverage and associated employee entitlements;
- Advising on contractual documentation and enforceability of key provisions such as restraints and non-competition clauses;
- Advising on prospects for claims for unfair dismissal, bullying, workplace discrimination, adverse action/general protection claims and acting in such claims; and
- Advising on proposed enterprise agreements and whether employees are better off overall under a proposed enterprise agreement or through continued reliance on the modern award for the industry.
Whether you are the proprietor of a small business starting out, an employee with questions regarding awards or employment documentation or a large company operating within a complex structure, Marino Law provides all employment law services to an impeccable standard.