Employment Lawyers Sydney

Employment Contracts & Executive Agreements

A well-drafted employment contract is the primary defence against future civil litigation. For businesses, we draft bespoke contracts, Contractor Agreements, and Enterprise Agreements that ensure compliance with the National Employment Standards (NES) and relevant Modern Awards.

For senior employees and executives, the stakes are significantly higher. We meticulously review Executive Service Agreements, focusing on:

• Restraint of Trade & Non-Compete Clauses: Ensuring restraints are reasonable in scope, geography, and duration, keeping in mind the intense regulatory scrutiny these clauses face in 2026.
• Remuneration & Bonus Structures: Clarifying short-term (STI) and long-term incentives (LTI), including share options and equity vesting.
• Termination & Severance: Negotiating robust notice periods and favourable severance packages prior to signing.

Workplace Bullying, Harassment & Discrimination

Every employee has the right to a safe workplace free from hostility. Under the Sex Discrimination Act 1984 and the recent Respect@Work reforms, employers now hold a “positive duty” to actively prevent sexual harassment and discrimination, rather than merely reacting to complaints.

If you are experiencing workplace bullying or discrimination based on race, gender, age, disability, or pregnancy, our highly experienced team can help you navigate formal grievance procedures or lodge applications with the Australian Human Rights Commission (AHRC) or SafeWork NSW. For employers, we provide strategic counsel on conducting impartial workplace investigations and responding to regulatory bodies to manage reputational and financial risks.

Redundancy & Restructuring

When economic conditions force a business to restructure, the process must be handled flawlessly. A “genuine redundancy” protects an employer from unfair dismissal claims, but achieving this status requires strict adherence to consultation obligations found in Modern Awards and Enterprise Agreements.

We advise employers on executing legally sound restructures, calculating accurate severance pay, and managing the redeployment process. Conversely, if you are an employee who suspects your redundancy was a “sham” designed to bypass performance management or unlawfully terminate your employment, we can assist you in challenging the decision.

Wage Theft & Entitlement Disputes

Underpayment of wages, deliberate or accidental, is aggressively prosecuted by the Fair Work Ombudsman (FWO). “Wage theft” carries severe penalties, including potential criminal liability for company directors under updated legislative frameworks.

We assist employees in recovering unpaid wages, superannuation, overtime, and annual leave entitlements. For employers facing audits or allegations of underpayment, we conduct comprehensive payroll compliance reviews to rectify discrepancies before they escalate to the Federal Circuit and Family Court of Australia.

The Evolving Fair Work Framework in 2026

Employment law is highly dynamic. The introduction of the Right to Disconnect laws has fundamentally altered how employers interact with their staff outside of standard working hours. Employees now have a protected right to refuse to monitor, read, or respond to employer communications outside of their designated hours, unless that refusal is deemed unreasonable.

Furthermore, the definitions surrounding “casual employment” and the pathways to permanent conversion have tightened. Businesses that fail to update their HR policies and employment agreements to reflect these 2026 standards expose themselves to substantial penalties. Partnering with an expert legal team ensures your workplace policies evolve alongside the legislation.