Employment is mission-critical. Get it right with 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. Employment disputes can be costly, unexpected, emotionally charged and publicly sensitive.

Our Approach

At Gilbert + Tobin, our employment lawyers help take ownership of your problems. We offer employment law advice 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. Our employment lawyers have 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 dispute 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.

Our Employment Law services 

Contracts: An employment contract lawyer can assist with customised executive service agreements, offer letters, employment contracts, employment term sheets, consultancy agreements, secondment agreements, confidentiality and restraint agreements.

Employment policies and procedures: Workplace surveillance, discrimination and sexual harassment, termination of employment, grievance resolution and other areas.

Independent contractors: Distinguishing independent contractors from employees, understanding the consequences for each and advising in relation to sham contracting.

Workplace compliance audits: Using a workplace lawyer can help identify and minimise risks, prevent disputes and control costs.

Workplace agreements: An employment lawyer can help Interpret and advise in relation to modern awards and enterprise agreements.

Workplace change: Corporate restructuring, redundancies and secondments.

Employee performance: Management and termination.

Workplace investigation: Investigating allegations of misconduct, bullying, sexual harassment, unlawful discrimination, preparing reports and recommendations.

Litigation: Unfair dismissal, adverse action, discrimination and sexual harassment, enforcing post-employment restraints, breach of contract and misleading and deceptive representation claims.

Mergers, acquisitions and outsourcing: Employment and industrial issues including due diligence, transaction related document drafting and Fair Work Act applications.

Work health and safety: Advising in relation to WH&S obligations, safety policy reviews, negotiating enforceable undertakings and defending prosecutions. 

Training seminars and workshops: For employees and managers on termination, discrimination, work health and safety and other issues including investigations.

"Dianne Banks and the team bring the ‘human’ back to law. They have an incredible ability to make you feel like you are a valued part of their family. They make you feel comfortable, explain complicated concepts in an accessible way, and make the time for you as a client, as if you are the only client they have."

LEGAL 500 2020

Ranked as a leading firm for Employment


Ranked as a leading firm for Employment

LEGAL 500 2019

The team "is strong and provides good value for money... The partners are responsive, contactable and work with us closely to achieve the desired outcome."


"It's important to me to have a main point of contact. Someone that I can call when needed and who understands our business and what we need immediately. Gilbert + Tobin provide this."