Protecting Your Rights and Managing Workplace Risk
When it comes to finding a workplace and employment lawyer, Melbourne clients want to be sure they are dealing with a professional and skilled team of experts who will work to achieve an efficient and positive outcome for every case. That is why clients from across Victoria and right around Australia have been turning to Aitken Partners for over 100 years.
Our Employment & Workplace Law Team has expertise in all matters affecting the employment relationship throughout Australia.
How we work with you.
Initial Consultation
Schedule a confidential consultation to discuss your situation, understand your needs, and receive initial advice
Strategic Planning
We develop a tailored legal strategy outlining the steps, timeline, and necessary documentation to achieve your goals
Resolution and Support
We execute the plan, representing you in negotiations or proceedings, keeping you informed, and ensuring your rights are protected
We’re behind you. Every step of the way.
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Bianca Mazzarella
Principal Lawyer
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Stephen Curtain
Consultant
Expert Support Across Employment Law Matters
Our employment law team advises both employers and employees on the full range of workplace issues; from unfair dismissal and workplace bullying to contract disputes and enterprise agreements. We combine deep legal expertise with a commercial mindset to help you achieve practical, cost-effective outcomes.
Workplace Legal Solutions That Work for You
We understand every workplace is different. That’s why our advice is tailored to your circumstances; whether you’re managing a team, resolving a conflict, or protecting your employee rights. Our goal is to minimise disruption, protect your interests, and deliver clarity at every step.
Frequently Asked Questions
Employers must follow a fair and lawful process when ending employment. We can guide you through notice requirements, procedural fairness, and your obligations under the Fair Work Act 2009 (Cth) to minimise the risk of unfair dismissal or general protections claims. A poorly handled termination can lead to costly legal disputes, so it’s important to seek advice from an experienced workplace lawyer before making a decision.
Yes, if the role is genuinely no longer required. We can advise you on the correct process, including consultation requirements, notice, and redundancy pay, to avoid unfair dismissal claims. Our lawyers will also ensure the redundancy is genuine and supported by proper documentation to meet Fair Work compliance requirements and to protect your business.
Yes. Our employment lawyers can review your contracts and advise whether your restraint of trade clause is likely to be enforceable, and how to draft or negotiate terms to protect your business interests. These clauses can be complex, and if not drafted correctly, they may not be legally binding, so seeking prompt legal advice is essential.
Employees have 21 days from the date their dismissal takes effect to lodge a claim with the Fair Work Commission. This is a strict deadline, so prompt action is essential when you are bringing a claim.
The Fair Work Commission process typically involves lodging a claim, conciliation, and, if unresolved, a formal hearing or arbitration. Our employment lawyers can represent you at every stage, from drafting the application or response to attending hearings. Having an experienced workplace lawyer can significantly improve your chances of a favourable outcome.
Performance management must be handled lawfully and in compliance with the Fair Work Act 2009 (Cth) to avoid claims of unfair dismissal or general protections. Our employment lawyers can advise on setting clear expectations, documenting issues, and following a fair process to address underperformance. For high-income employees (those earning above the Fair Work high-income threshold, currently $183,100 per year, as at 1/07/25), some unfair dismissal protections may not apply, but employers should still follow best practice to minimise legal and reputational risks.
If allegations of bullying or sexual harassment arise, employers have a legal obligation to respond promptly and fairly. This often requires conducting a thorough and impartial workplace investigation, including interviewing relevant parties, reviewing evidence, and making findings in line with company policy and the Fair Work Act 2009 (Cth). Our employment lawyers can guide you through each step of the process, ensure compliance with workplace laws, and help you manage confidentiality, procedural fairness, and potential legal risks.
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.