Employee Relations
At Dwyer Durack, we can assist both employers and employees in all types of employment matters in the continually evolving workplace relations environment. We advise in all aspects of employment and workplace relations and work closely with our clients to provide legal solutions in a timely manner.
Our dedicated team of lawyers understand that employment law disputes regarding employees can cause significant loss to a business, if not handled in a proactive and correct manner. Similarly, employment law disputes can cause significant emotional and financial stress to an employee, which is compounded by the strict statutory timeframes which an employee needs to take action.
Employment Law Advice
Our workplace relations lawyers will work closely with you in order to resolve your issue and can provide you with comprehensive legal advice where necessary. At Dwyer Durack, we pride ourselves on active dispute resolution and practical problem solving and our approach is to always take the time to understand you and your matter and then determine the most practical and cost effective course of action.
Dwyer Durack has extensive experience in appearing and conducting matters in the Fair Work Commission, Australian Human Rights Commission, Industrial Relations Commission and in all State and Federal Courts. From workplace bullying, through to industrial relations and a range of other issues, our experienced lawyers are here to help.
At Dwyer Durack, our team of employment lawyers are able to assist in the following type of matters:
- Unfair dismissal
- General Protections claims
- Contract negotiation and settlements
- Drafting and advising on employment contracts
- Restraint of trade advice
- Workplace bullying
- Harassment and Discrimination claims
- Redundancy and workplace changes
- Workplace investigations, such as misconduct and disciplinary issues
If you have any employment law queries or require representation, please contact our experienced employment law team today to represent your best interests. Call our leading law firm in Perth on (08) 9289 9888 or visit our office at Level 8, 40 St Georges Terrace, Perth.
Employment Lawyers in Perth, WA: Contact Us Today
Frequently Asked Questions
01
What is a breach of employment contract?
If a party commits a “serious” or a “fundamental” breach of contract, the other party may bring an employment contract to an immediate end. If such a breach has occurred, it may allow an employee to resign without giving any notice, or an employer to terminate an employee’s contract without paying any notice. However, not every breach of contract will justify termination. Whether a particular breach justifies termination will depend on the nature of the breach and the particular circumstances of the case.
02
What is the difference between an employee and an independent contractor?
Under Australian employment law, the relationship between an employer and employee is a contract of service, but the relationship between an employer and an independent contractor is a contract for service. This distinction is important when considering whether one is an employee or an independent contractor. In addition, a court or tribunal will always look at the totality of the relationship (including a number of factor tests) when making a final determination.
03
What is constructive dismissal?
The Fair Work Act states that a person has, in effect, been “dismissed” if they resigned from their employment, but were forced (ie. left with no alternative) to do so because of conduct, or a course of conduct, engaged in by their employer. This is commonly known as constructive dismissal.
