Practice Areas / Employment & Workplace
Employment & Workplace Lawyers
Employment contracts, workplace disputes and health and safety advice for employers and employees across Melbourne, Frankston and the Mornington Peninsula, in English or Polish.
Getting the working relationship right
Many workplace disputes start with a contract that was never updated, a policy nobody followed, or a decision made in a hurry. Clear documents and fair processes prevent a good deal of them, and early advice stops others from escalating.
We help businesses understand and meet their obligations as employers, and help employees understand their rights at work, including when employment ends. Radek Dajer deals with each matter personally and can advise in Polish.
How we help with employment and workplace law
Contracts and policies
Employment contracts, executive and contractor agreements, and workplace policies that reflect the National Employment Standards, modern awards and how your business operates.
Dismissals and disputes
Unfair dismissal and general protections claims in the Fair Work Commission, and advice on managing performance, misconduct and redundancy.
Pay and entitlements
Underpayment claims, payroll reviews, and advice on the criminal offence of intentional underpayment that commenced on 1 January 2025.
Workplace safety
Duties under Victorian health and safety law, including psychological health, and WorkSafe Victoria investigations, notices and prosecutions.
Contracts, policies and restraints
Minimum terms for most Victorian employees are set by the Fair Work Act 2009 (Cth), including the National Employment Standards, together with any modern award or enterprise agreement that applies. A contract can give more than those minimums, but not less.
- Employment contracts: full-time, part-time and casual employment, with clear terms on duties, pay, hours, leave, confidentiality and ending the employment.
- Senior staff: executive agreements dealing with incentives, termination entitlements, confidentiality and restraints.
- Contractors: whether someone is an employee or a contractor depends on the real substance and practical reality of the relationship, not only the label in the contract. Sham contracting can attract significant penalties.
- Restraints of trade: a post-employment restraint is enforceable only if it protects a legitimate business interest, such as confidential information or client relationships, and goes no further than reasonably necessary. We draft restraints and advise on enforcing or challenging them.
- Workplace policies: codes of conduct, bullying and harassment, flexible work, social media and after-hours contact.
Dismissals and workplace disputes
Ending someone’s employment lawfully needs a valid reason and a fair process. Claims about a dismissal are made to the Fair Work Commission under the Fair Work Act 2009 (Cth), and the time limits are short.
- Unfair dismissal: a dismissal that is harsh, unjust or unreasonable. The employee must have served a minimum period, 6 months or 12 months with a small business employer, and be covered by an award or enterprise agreement or earn less than the high income threshold.
- General protections: claims that dismissal or other adverse action was taken because a person exercised a workplace right, such as making a complaint or taking leave, or for a discriminatory reason. There is no minimum employment period or income limit.
- Redundancy and termination: notice, redundancy pay, consultation obligations under awards and agreements, and the Small Business Fair Dismissal Code.
- Performance and misconduct: investigations, warnings and disciplinary processes that are fair and properly documented.
21 days to lodge a dismissal claim
An unfair dismissal application, or a general protections application about a dismissal, must be lodged with the Fair Work Commission within 21 days after the dismissal takes effect. The Commission allows more time only in exceptional circumstances, so seek advice straight away.
Pay, entitlements and workplace safety
Paying people correctly and keeping them safe are legal duties, and the consequences of getting them wrong can include criminal penalties.
- Wage theft offence: since 1 January 2025, intentionally underpaying wages or other entitlements has been a criminal offence under the Fair Work Act 2009 (Cth), punishable by substantial fines and, for individuals, imprisonment. Genuine mistakes can still lead to back-payment orders and civil penalties.
- Underpayment claims: we review pay records against awards and agreements, and act in claims to recover or defend unpaid wages and entitlements.
- Health and safety duties: under the Occupational Health and Safety Act 2004 (Vic), employers must, so far as is reasonably practicable, provide and maintain a safe working environment. Officers can be personally liable where a company’s breach is attributable to their failure to take reasonable care.
- Psychological health: since 1 December 2025, the Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic) have required employers to identify psychosocial hazards, such as bullying, sexual harassment and aggression, and to eliminate or control the risks.
- Investigations and notices: we act for employers and officers in WorkSafe Victoria investigations, improvement and prohibition notices, and prosecutions.
Need advice about a workplace issue?
Book a consultation to discuss a contract, a dispute or a safety concern. If employment has just ended, contact us promptly because of the 21-day time limit.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Employees can refuse to monitor, read or respond to work contact outside their working hours, from their employer or from a third party, unless the refusal is unreasonable. That depends on factors such as the reason for the contact, the employee’s role, whether they are paid to be available, and their personal circumstances. It has applied to small business employers since 26 August 2025.
It depends on its terms and your circumstances. A restraint is enforceable only if it protects a legitimate business interest and goes no further than reasonably necessary in what it restricts, where and for how long. Many restraints go further than that. Get advice before you resign, accept a new role or contact former clients.
Act promptly. Work out what is owed, back-pay the affected employees, deal with any superannuation shortfall, and fix the cause. The criminal offence requires intentional conduct, and a small business that complies with the Voluntary Small Business Wage Compliance Code will not be referred by the Fair Work Ombudsman for prosecution. Get advice early so the calculation and your communications are right.
The Fair Work Commission usually holds a conciliation conference to try to resolve the claim. If an unfair dismissal claim does not settle, it can go to a hearing before the Commission. If a general protections dismissal claim does not settle, it can go to court, or to arbitration by the Commission if both parties agree.
It depends on the real substance and practical reality of the working relationship, not just what the contract calls it. Relevant factors include who controls how the work is done, whether you run your own business, and whether you can delegate the work. The answer affects wages, leave, superannuation, tax and dismissal rights.
Yes. Radek Dajer speaks Polish. He can take your instructions and explain employment contracts, workplace policies, letters about your employment and Fair Work Commission processes in Polish, so that you understand clearly where you stand. See our Polish-language services.
Employment law insights
From 1 January 2025, intentional wage theft is a criminal offence in Australia. Learn what the new laws mean for employers, what penalties apply, and what steps you should take now.
Losing your job unexpectedly is stressful and can have serious financial consequences. If you believe your dismissal was unfair, you have 21 days to act.