Best Hiring & Firing Lawyers in Australia

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Founded in 1998
English
Bayside Solicitors - Lawyers and Barristers in Frankston is a leading legal practice known for its depth of expertise across multiple areas of law. The firm is staffed by experienced solicitors and barristers who focus on delivering clear, strategic advice in fields such as conveyancing, criminal...
A J Law & Co
Brisbane, Australia

Founded in 2016
50 people in their team
English
AJ & Co was founded in 2016 by Managing Partner Andrew Johnson. Andrew was driven to create a results orientated, relationship-focussed commercial law firm that delivers top-tier legal services and exceptional value to private and commercial clients. AJ & Co services multi-national...
Harmers Workplace Lawyers
Brisbane, Australia

Founded in 1996
42 people in their team
English
ABOUT HARMERSHarmers Workplace Lawyers was formed in 1996 and is one of Australia’s largest employment and industrial law practices with offices in Sydney, Melbourne and Brisbane. The firm focuses on innovative, high quality problem solving and a preventive approach to law across all areas of...
J. King & Associates
Melbourne, Australia

Founded in 1999
25 people in their team
English
About Us Jamie King2019 to presentMember of the Law Institute Commercial Litigation Advisory Committee.2002Graduated as Master of Commercial Law from the University of Melbourne.1999Commenced the legal firm J King & Associates.1998Accredited by Law Institute of Victoria as a Commercial...

Founded in 2009
50 people in their team
English
Panetta McGrath Lawyers Our core practice areas are health, aged care and workplace relations and employment law. Our senior lawyers are recognised as leaders in their fields.We combine specialist legal knowledge with deep industry experience in order to deliver the very best advice and...
Melbourne, Australia

English
Jewell Hancock Employment Lawyers is a dedicated employment law firm in Australia, focusing exclusively on representing employees. Founded by principals Andrew Jewell and Trent Hancock, who collectively possess over two decades of experience, the firm offers comprehensive legal services to workers...
Preston Law Cairns
Sydney, Australia

Founded in 1991
English
Preston Law, established in 1991, stands as one of the largest law firms in regional Queensland, offering comprehensive legal services to individuals, families, businesses, and government entities. With offices in Cairns and Townsville, the firm provides expertise across various practice areas,...
Abetz Curtis
Hobart, Australia

Founded in 1987
50 people in their team
English
About usEstablished in 1987 by Roger Curtis in Hobart, Tasmania, Abetz Curtis Lawyers has grown to become the modern, progressive practice it is today, offering our clients a range of services across a broad spectrum of legal areas. Our lawyers understand the variety and complexity of legal issues...
Wallace Wilkinson & Webster
Hobart, Australia

Founded in 1976
16 people in their team
English
Our Firm Wallace Wilkinson & Webster is a leading Hobart-based legal practice providing specialist services in all areas of the law.From individuals and small business to some of Australia’s largest public companies, our clients include families, local businesses, banks and credit...
Bellco Law Townsville
Sydney, Australia

Founded in 2015
English
Bellco Law, with offices in Townsville and Brisbane, offers a comprehensive range of legal services across Queensland and Australia. The firm's expertise encompasses property law, commercial law, corporate law, estate and succession planning, and business law. Their team of experienced solicitors...
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About Hiring & Firing Law in Australia

Hiring and firing employees in Australia is governed by various legislation at both the federal and state levels. It is essential for employers to understand their legal obligations when it comes to hiring new staff and terminating employees.

Why You May Need a Lawyer

You may need a lawyer to assist you with hiring and firing issues in Australia if you are facing disputes with employees, need assistance with drafting employment contracts, or require guidance on termination procedures to ensure compliance with the law.

Local Laws Overview

In Australia, the key legislation governing hiring and firing includes the Fair Work Act 2009, which sets out the national employment standards, modern awards, and enterprise agreements. Additionally, each state and territory may have their own specific laws relating to employment practices.

Frequently Asked Questions

1. Can I hire an employee on a casual basis in Australia?

Yes, you can hire employees on a casual basis in Australia. Casual employees are entitled to certain benefits, such as casual loading, but do not have the same entitlements as permanent employees.

2. What are the minimum notice periods for terminating an employee in Australia?

The minimum notice periods for terminating an employee in Australia vary depending on the length of their employment. Generally, notice periods range from one week to four weeks.

3. Can I terminate an employee for performance reasons?

Yes, you can terminate an employee for performance reasons in Australia. However, you must follow a fair process, including providing the employee with written warnings and an opportunity to improve.

4. What is unfair dismissal in Australia?

Unfair dismissal occurs when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. Employees who believe they have been unfairly dismissed can lodge a claim with the Fair Work Commission.

5. Are there any restrictions on terminating an employee on maternity leave?

Yes, there are restrictions on terminating an employee on maternity leave in Australia. It is illegal to dismiss an employee because they are on maternity leave or for reasons related to their pregnancy.

6. Can I consult legal counsel before terminating an employee?

Yes, it is advisable to consult legal counsel before terminating an employee to ensure that you are complying with all relevant laws and regulations.

7. What is a probation period in Australia?

A probation period is a specified period at the beginning of employment during which the employer and employee can assess whether the role is a good fit. During this time, the employment contract may have different termination provisions.

8. Can an employee be terminated without notice for serious misconduct?

Yes, an employee can be terminated without notice for serious misconduct in Australia. Examples of serious misconduct include theft, fraud, violence, or serious breaches of company policy.

9. What are the key considerations when drafting an employment contract in Australia?

Key considerations when drafting an employment contract in Australia include outlining the employee's duties, remuneration, terms of employment, and any specific clauses related to termination and notice periods.

10. How can I resolve a dispute with an employee regarding their termination?

If you are unable to resolve a dispute with an employee regarding their termination, you may consider engaging in mediation or conciliation through the Fair Work Commission or seeking legal advice to explore other options for resolution.

Additional Resources

For further information and assistance with hiring and firing issues in Australia, you may contact the Fair Work Ombudsman, the Fair Work Commission, or seek advice from a qualified employment lawyer.

Next Steps

If you require legal assistance with hiring and firing matters in Australia, consider seeking advice from a reputable employment lawyer who can guide you through the process and ensure compliance with all relevant laws and regulations.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.