Employment Law & WHS

Our experience and commitment to clients

The constantly changing, and complex, nature of legislation in the field of employment law has meant that companies are increasingly reliant on expert advice and representation. We believe in partnering with our clients not only to provide reactive legal advice and representation when a problem occurs, but also to assist proactively by identifying potential risks to your business, and minimising or eliminating them.

Coleman Greig boasts a high degree of expertise and a broad range of experience in the field of employment law and WHS. Our team of experienced lawyers can help you to manage the potential risks to your business and ensure compliance with all relevant legislation.

Proven expertise

Providing employment law, risk management and compliance advice to Coleman Greig's commercial clients including many subsidiaries of multinational companies.
Guiding employer clients through the new legislative framework for Australian employment law since the introduction of the Fair Work Act in 2009/10.
Giving immediate risk management advice to clients regarding disciplinary and termination processes.
Successfully representing clients in proceedings concerning unfair dismissals, redundancies, post-employment restraints, discrimination and 'adverse action' claims.
Advising on and drafting employment contracts, policies, restraint and confidentiality agreements for employees.
Advising on sham contracting, enterprise agreements, executive remuneration and protecting confidential information.
Advising on the complexities and practicalities of arrangements concerning external contractors including risks around intellectual property ownership, workers' compensation, payroll tax, PAYG and superannuation.
CG Workplace Connect - 'on call' employment law and business migration advisory service.

For expert legal advice in all areas of Employment Law, please contact our team or to make an appointment at one of our offices, please select from the below.

Publications

Stephen Booth and Peter Stewart: Retiring with a legacy - 29 Jun 2020
Warrick McLean

It’s the end of an era as the team at Coleman Greig wishes long-serving Principal Lawyers Stephen Booth and Peter Stewart a very happy and healthy retirement from 30 June 2020.
Coleman Greig Recognised as a Winner in 2020 HRD Employer of Choice - 22 Apr 2020
Warrick McLean

Coleman Greig is thrilled to announce that the firm has won the ‘Employer of Choice’ HRD award.
Abandonment of Employment - can you fire an employee for not showing up to work? - 4 Feb 2020
Stephen Booth

From time to time an employer has an employee who fails to attend work for one or more days, with no communication or reason given. In this article, Principal Lawyer Stephen Booth outlines what your rights are as an employer when it comes to employees not showing up to work.
How to sponsor someone who is currently on a Working Holiday Visa - 3 Feb 2020
Lisa Qiu

It can be hard and time consuming trying to find the right person for a role. What if the perfect person for the role is on a Working Holiday Visa that is due to expire? Read on to find out what you can do to extend the worker's employment in Australia.
The Underpayment Scandals continue - 31 Jan 2020
Shanni Zoeller

Underpayments are at the top of many people’s minds, especially the Ombudsman. In this article, Lawyer Shanni Zoeller advises how your company can avoid making the headlines.
Parental Leave Entitlements: the cost of getting it wrong and how not to - 3 Dec 2019
Shanni Zoeller

In this article, Lawyer Shanni Zoeller discusses all you need to know regarding parental leave entitlements including notice period, unpaid special maternity leave, evidence requirements and replacement employees.
Sponsoring someone on a TSS visa – all you need to know about the hiring and the firing - 3 Dec 2019
Lisa Qiu

In this article, Employment Lawyer and Registered Migration agent, Lisa Qiu outlines what is involved in sponsoring, hiring or firing someone on a TSS (Temporary Skill Shortage) visa.
Woolworths & the cost of workplace flexibility - 3 Dec 2019
Dominic Russell

Unlike the 7-Eleven style exploitation cases, Woolworth's fell foul of the Award due to some of their full-time salaried employees being paid an ‘all up rate’. In this article, Senior Associate Dominic Russell explains what actually happened.
Creative Compliance: Franchisees Working with the Fair Work Ombudsman - 11 Oct 2019
Stephen Booth

Foodco have recently worked creatively with the Fair Work Ombudsman to achieve system wide compliance within its franchise network.
Are employee claims always crystal clear? If not…what do you do? - 24 Sep 2019
Shanni Zoeller

When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and the remedy or outcome they seek. This article discusses what to do if these things aren’t clear, citing the case of Haque v Jabella Group.
Are employers required to pay redundancy if the job is no longer required as a result of the “ordinary and customary turnover of labour”? - 24 Sep 2019
Lisa Qiu

This article outlines how much redundancy an employer is obligated to pay and what exceptions there might be to paying redundancy when an employer terminates an employee's employment contract.
Can an employee be sacked via text message? - 24 Sep 2019
Shanni Zoeller

Can an employer ever sack an employee by text message or other digital means such as email? Recently The Fair Work Commission has shed some light on this issue with some recent decisions.
Can employers legally collect and store employees’ sensitive data? - 24 Sep 2019
Stephen Booth

Ever wondered if your employer is storing your personal data and information? A recent decision by the Fair Work Commission Full Bench has analysed closely whether employers can legally collect and store their employees’ data.
New Appointments for Coleman Greig's Professional Team - 13 Aug 2019
Warrick McLean

Coleman Greig Lawyers is pleased to announce the recent promotion of seven talented and highly deserving members of Coleman Greig’s professional staff.
Old Enterprise Agreements and Class Actions: Danger! Danger! Warning Warning! - 24 Jul 2019
Shanni Zoeller

Underpayments arising from misapplied or outdated enterprise agreements are a fertile field for class actions. If you identify a discrepancy in an employee’s wages you should immediately rectify it.
CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents - 23 Jul 2019
Warrick McLean

Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
Australia's Immigration Policy: What can Australian Businesses Expect? - 26 Jun 2019
Lisa Qiu

Australia's immigration intake was an unsurprisingly hot topic throughout the recent election campaign period, and now that Scott Morrison's Coalition government has emerged victorious, the Australian public has been left asking the question: "what should we expect Australia's immigration policy to look like?".
Employment Law Changes for the 2019-20 New Financial Year - 26 Jun 2019
Stephen Booth

We are about to step into a new financial year, which means that numerous reference points relevant to employment law will alter due to annual indexation and changes to the law.
Out of Work Employee Conduct vs Internal Codes of Conduct: The Cases of Israel Folau and Jack de Belin - 26 Jun 2019
Stephen Booth

Recent cases involving Jack de Belin and Israel Folau have cast some interesting light on some of the issues that arise when an employer finds an employee engaging in out-of-work hours conduct that infringes on a code of conduct, and wants to enforce the code or policy.
Have you got what it takes to manage an ill or injured worker? - 25 Mar 2019
Shanni Zoeller

Employers managing ill or injured employees have many legal obligations imposed on them, ranging from those under the work health and safety, anti-discrimination and equal opportunity legislation, as well the Fair Work Act 2009 (Cth).
Immigration and the NSW Election – what it means for business - 25 Mar 2019
Lisa Qiu

The recent state election has brought with it an increased focus on immigration. While immigration is usually an area regulated by the Federal government, NSW Premier Gladys Berejiklian has made it a state issue by bringing to the forefront the impact that immigration could potentially have on NSW public infrastructure and housing prices.
Key legal considerations to be aware of if you are thinking of making a position redundant - 25 Mar 2019
Anna Ford

The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed. The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.
Juggling Mental Illness and Performance Management - 5 Dec 2018
Anna Ford

Dealing with an employee who is not performing to the standard required of someone in their position can be a complex situation, so when you throw into the mix knowledge that they may be suffering from a mental illness, an already difficult situation can become a whole new level of complicated!
When is a ‘casual’ worker not actually classed as a casual? - 5 Dec 2018
Stephen Booth

The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
Plain English Guide to Post-Employment Restraints of Trade & Protection of Confidential Information - 19 Jul 2018

The unfortunate reality is that some of the biggest risks to the profitability of a business come from within. Through simply doing their jobs, employees gain access to their employer's confidential information and trade secrets, and unless properly restrained, can exploit that confidential information for their own benefit, and to the detriment of their former employer.
Accountants in the Fair Work Ombudsman’s firing line - 7 Dec 2017
Dominic Russell, Stephen Booth

As highlighted in a recent case involving Ezy Accounting, professional responsibility can present difficult choices, but not dealing properly with those choices presents serious risks.
Plain English Guide on What to do When the Union Comes Knocking - 29 May 2017

When can a union enter your workplace? Union officials (who hold a current right of entry permit) can enter your workplace for three specific reasons.
Four lessons employers need to know about terminating an employee’s employment over personal social media posts - 9 Jun 2016
Lisa Qiu

Social media blurs the boundaries between public and private. Here’s what you need to know about terminating an employee’s employment over something they’ve posted on their own social media.
Plain English Guide to Employee or Contractor - 1 Jul 2015

Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies. This Plain English Guide answers some of the commonly asked questions about defining the relationship of employee vs. contractor.
Plain English Guide to Employment Contracts and Employment Policies - 1 Jul 2015

It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace.
Plain English Guide to Modern Awards, Enterprise Agreements and Employment Contracts - 1 Jul 2015

An award is a standard of minimum industrial terms and conditions applying to specific groups of employees. Whether your employees are covered by an award depends on whether they fit into the occupations covered by an award.
Plain English Guide to Termination of Employment: Dismissal & Redundancy - 1 Jul 2015

Termination of employment is a serious step to take because of the cost of business disruption and the potential cost of an unfair dismissal claim or other litigation. Managing employment termination involves understanding and managing the risks. What are the legal risks from termination of employment?
Redundancy and - 17 Oct 2013

A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the FWC clarified the application of sections 119 and 120 of the Fair Work Act 2009 in deciding whether a redundancy payment should be made.

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