Guidance and support for workplace disputes: unfair dismissal claims, underpayment claims, discrimination claims, and Fair Work Commission procedures. Includes case preparation, evidence gathering, and advocacy support.
The Challenge
You don't understand what the employee is claiming or your exposure
You gather evidence poorly, creating gaps in your defense
You respond emotionally or defensively instead of strategically
You're unprepared for Fair Work procedures and processes
You pass up settlement opportunities because you don't understand your position
What's Included
Assessment of your legal position: validity of employee's claim, strength of your defense, likely outcome.
Identification and gathering of evidence supporting your position: documents, records, witness statements.
Strategy for response: defense arguments, evidence to present, settlement position, escalation approach.
Explanation of Fair Work processes: conciliation, conference, hearing, evidence rules, timelines.
Representation in Fair Work proceedings or support for your lawyer/representative.
Support for negotiating settlement: assessing offers, proposing terms, reaching agreement.
Why It Matters
Workplace disputes are stressful and expensive. When an employee makes a claim (unfair dismissal, underpayment, discrimination), you need expert guidance on your legal position, what evidence you have, and how to respond. Many employers worsen their position by responding poorly or misunderstanding the process. Expert support helps you understand your exposure, gather evidence properly, and pursue a defence or settlement strategy. Many disputes resolve through negotiation if approached correctly. Expert guidance increases likelihood of favorable resolution and reduces stress.
Expert guidance on dispute likelihood and strength of your position
Case preparation: evidence gathering, witness statements, legal arguments
Representation or support in Fair Work Commission proceedings
Settlement negotiation support
Reduced stress and risk of poor outcomes through expert support
Clear understanding of your obligations and exposure
The Process
Dispute details reviewed: what the claim is, what employee is alleging
Your position assessed: strength of your case, legal exposure, likely outcomes
Evidence gathered: documents, witness statements, contemporaneous records
Case strategy developed: defence strategy, settlement position, escalation approach
Support provided through resolution: negotiation, mediation, Fair Work Commission if needed
Best For
Businesses facing workplace disputes or Fair Work claims
Owners who need expert guidance on their legal position
Organisations wanting to understand dispute resolution options
Businesses wanting expert representation or support in Fair Work proceedings
Complementary Services
Guidance and support for fair, legally compliant terminations. Whether terminating for performance, misconduct, or redundancy, we ensure the process is fair, properly documented, and defensible under the Fair Work Act.
Fair and procedurally sound disciplinary processes for addressing misconduct, policy breaches, and serious incidents. Compliant with Fair Work principles of natural justice and designed to withstand scrutiny if disputes arise.
Review of employee classifications against the relevant Modern Award requirements. We ensure you're applying the Award correctly, employees are paid at the right classification level, and you're not exposed to back pay claims.
FAQ
You have a right to respond. Fair Work will assess whether the dismissal was fair: do you have valid grounds, did you follow a fair process? Expert guidance on your position and defence is important.
Assess whether the claim has merit: are they underpaid under the Award, does your contract require different pay, what records do you have? If underpaid, you must pay back pay.
Yes. Settlement (agreed outcome and payment) can happen before or during Fair Work proceedings. Settlement is often preferable to protracted proceedings.
You still must pay what's owed. If underpayment is confirmed, you're liable. Installment plans may be negotiated, but the debt must be paid.
Usually 3-6 months from claim to hearing. Complex cases may take longer. During this time, legal and management attention is required.
Can't find the answer you're looking for? Get in touch
We can help you implement dispute resolution and start seeing results. Book a consultation to discuss your specific needs and explore how this service can transform your business.