"They are commercially aware and worth every cent we spend." - Chambers Asia-Pacific, 2015

Employment is mission critical. Get it right and you have a shield - get it wrong and you hand over a sword. Managing contracts, compliance, policy, performance and change is ever more complex and time consuming. Disputes can be costly, unexpected, emotionally charged and publicly sensitive.

At Gilbert + Tobin, we take ownership of your problems. We advise on the best commercial solution for your situation, not just the legal generalities. Our starting point is the specific needs of your business and your people. We work with you to foresee the issues and plan ahead.

In a crisis, we’re there to help you to respond quickly and effectively. We’ve managed many clients through it - sidestepping the pitfalls to reach the best possible outcome in the most cost-effective way. We see court action as a last resort. We’re experienced in all forms of alternative resolution and, if litigation is unavoidable, you’re in the hands of leading practitioners.

We work with Australian and multinational companies, government bodies and other organisations, as well as senior executives.

Employment partner Dianne Banks was the exclusive winner of the 2012 ILO Client Choice Award for Employment & Labour in Australia. Chambers Asia Pacific 2015 also recognised Dianne as a leading employment lawyer.

Our services

  • Contracts - customised executive service agreements, offer letters, employment contracts, employment term sheets, consultancy agreements, confidentiality and inventions agreements, secondment agreements.

  • Workplace agreements - drafting and interpreting enterprise agreements.

  • Workplace compliance audit action to minimise risks, prevent disputes and control costs.

  • Workplace investigation - sexual and other forms of harassment, victimisation, dereliction of duty, reports and recommendations.

  • Workplace change - corporate restructuring, redundancies and secondments.

  • Mergers, acquisitions and outsourcing - employment and industrial issues including due diligence and document drafting.

  • Employee performance - management and termination.

  • Litigation - unfair dismissal, adverse action, discrimination and sexual harassment, small claims, breach of contract, state and federal industrial tribunal appearances.

  • Independent contractors - distinguishing independent contractors from employees, understanding the consequences for each.

  • Employment policies and procedures - workplace surveillance, discrimination and sexual harassment, termination of employment, grievance resolution and other areas.

  • Workplace health and safety - compliance with obligations to employees, contractors and others, safety policy reviews, defending prosecutions.

  • Information and customer contact protection - drafting and enforcing post-employment restraints.

  • Training seminars and workshops - for employees and managers on termination, discrimination, occupational health and safety and other issues.