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.
Industrial Law
Read More- Negotiation and certification of enterprise agreements with unions
- Urgent advice and representation on industrial action (eg strike, picketing)
- Union rights of workplace entry
- Advice on award interpretation and compliance
- Defending claims (eg underpayments, unfair dismissal, general protections) in all Courts and the Fair Work Commission
Employment Law
Read More- Drafting and advising on contracts of employment
- Drafting policies, (eg performance and misconduct, alcohol and drug testing, fitness for duty, equal employment opportunity and diversity, privacy, social media
- Executive disputes eg post-employment restraint of trade, shares, commissions, reasonable notice, defamation, corporate governance, white collar crime
- Copyright and patent issues arising in the employment relationship
- Applications for temporary and permanent working visas, advice on overseas secondments
Occupational Health and Safety
Read More- Defending WorkSafe prosecutions in the Magistrates and County Court
- Representation at coronial inquests
- Drafting relevant OH&S policies eg fitness for duty alcohol and drug testing, manual handling, working from heights
- Advice on all relevant environmental laws affecting workplace safety
Unfair Dismissal
Read More- Advice on whether your dismissal was harsh, unjust or unreasonable under the Fair Work Act.
- Preparing and lodging unfair dismissal applications with the Fair Work Commission.
- Representation at conciliation conferences and hearings.
- Negotiating settlements, including compensation or reinstatement.
- Defending employers against unfair dismissal claims.
Workplace Investigations
Read More- We can conduct workplace investigations or instruct a suitably legally qualified workplace investigator
- Liaising with appropriate experts for accounting fraud, computer fraud, false WorkCover claims, or any other case of dishonest conduct
- Issue civil proceedings to recover losses against an employee or other party, including urgent Court application to freeze assets and search property
- Advice on all aspects of criminal procedure, liaising with regulatory authorities such as Victoria Police, Australia Federal Police, ACCC, ASIC
- So when it comes to finding a qualified employment lawyer in Melbourne, make sure you contact the respected and trusted staff at Aitken Partners today.
Restraint of Trade
Read MoreRestraint of trade clauses are designed to protect an employer’s business interests, such as confidential information, client relationships, and staff retention. Our employment lawyers can advise on whether a restraint is enforceable, negotiate fair terms, or assist in disputes if restrictions are unreasonable or challenged.
We’re behind you. Every step of the way.
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Bianca Mazzarella
Principal Lawyer
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Stephen Curtain
Consultant
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Imogen Timms
Lawyer
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Aaron Stewart
Principal Lawyer
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.
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
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.