Employment

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: Customised executive service agreements, offer letters, employment contracts, consultancy agreements, secondment agreements, confidentiality and restraint agreements.
  • Employment policies and procedures: Including workplace surveillance, discrimination and sexual harassment,  grievance resolution .
  • Independent contractors: Distinguishing independent contractors from employees, understanding the consequences for each and advising in relation to sham contracting.
  • Workplace agreements: Interpretation and advice in relation to modern awards and enterprise agreements.
  • Workplace change: Corporate restructuring, redundancies and secondments.
  • Employee performance: Management and termination.
  • Whistleblower obligations: Drafting compliant policies, advising on implementation, training and managing external investigations.
  • Workplace investigations: Managing workplace investigations including in relation to allegations of misconduct, bullying, sexual harassment, unlawful discrimination, and whistleblower disclosures..
  • Litigation: Unfair dismissal, adverse action, discrimination and sexual harassment, enforcing post-employment restraints, protection of trade secrets and confidential information, 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 including on managing under-performers, termination, discrimination, work health and safety, whistleblower legislation compliance, and conducting investigations.

Ranked as a leading firm for Employment

CHAMBERS ASIA-PACIFIC 2019 - 2021

Ranked as a leading firm for Employment

LEGAL 500 2019 - 2021

‘‘I have worked with a number of G&T legal staff over the past few years and found their approach to be collegiate, consultative and above all able to get the best outcome by driving a win-win solutions strategy.‘

The Legal 500, Labour & Employment 2021

‘They are highly ethical, experiences and anticipate a range of outcomes. They ensure you are aware of all angles of the law and help you interpret advice to drive the best outcome. They are transparent and accountable.‘

The Legal 500, Labour & Employment 2021

‘Great depth of knowledge in Australian employment laws and regulations, at a state and federal level. Gilbert & Tobin’s practice seamlessly provides coverage across BAU queries (contract reviews and advisory work) and litigious matters. Highly recommend this team.‘

The Legal 500, Labour & Employment 2021

"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

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."

CHAMBERS ASIA-PACIFIC 2019

"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."

CHAMBERS ASIA-PACIFIC 2018