Employment Law

Having clear, well-drafted employment documents in place is essential — not just to ensure your expectations are clear, but to protect your business if a dispute arises.

Whether you’re engaging employees or contractors, we can help you prepare all necessary legal documents, including:

  • Employment Contracts

  • Independent Contractor Agreements

  • Enterprise Agreements

  • Workplace Policies and Procedures

A properly drafted contract or policy can help avoid costly disputes before they arise. We’ll ensure your documentation is legally sound and commercially practical.

  • Misclassifying a worker as a contractor when they’re legally an employee can expose your business to serious liabilities — including back-pay for entitlements such as annual leave and superannuation.

    We can:

    • Review your existing arrangements and clarify each worker’s legal status

    • Help you structure future engagements to avoid misclassification

    • Represent you in the event of a dispute or investigation

  • If it becomes necessary to end an employment relationship — whether due to redundancy, poor performance, or misconduct — it's critical to follow the correct legal process to avoid claims.

    Our team can support you by preparing:

    • Show-cause letters

    • Termination letters

    • Redundancy consultation documents

    We’ll guide you through your legal obligations to ensure the process is fair, compliant, and clearly documented.

  • Facing a claim in the Fair Work Commission can be stressful, especially if it’s your first time. These matters can also be costly if not handled properly from the start.

    We’ll assist you in responding to:

    • Unfair Dismissal claims

    • General Protections disputes

    • Unlawful Termination applications

    Our team works to achieve the best possible outcome for your business — efficiently, cost-effectively, and with minimal disruption.

Employment Law for Employees

Understand your rights. Protect your entitlements.

Navigating workplace issues can be overwhelming — especially when you’re unsure of your rights or don’t know where to turn for help. Whether you’re starting a new job, dealing with an issue at work, or have recently been dismissed, McCarthy Durie Lawyers is here to support you.

Our experienced Employment Law team provides clear, practical advice to help you understand your entitlements and ensure you're being treated fairly.

  • We can assist with:

    • Reviewing your employment contract

    • Clarifying your employment status (contractor vs employee)

    • Resolving underpayment issues

    • Advising on unfair dismissal or redundancy

  • If you’re starting or finishing a job, it's crucial to understand what you're agreeing to in your employment contract. We can review your contract and explain:

    • Your rights and obligations

    • Any concerning clauses or legal risks

    • What to consider before signing or exiting

    Getting advice upfront can help prevent future disputes and ensure you're treated fairly.

    Fixed fee for contract review and verbal advice for employees — from $550 + GST

     

  • Some workers are classified as contractors when they should legally be employees — which means missing out on important entitlements like annual leave, superannuation and minimum pay rates.

    If you’re unsure of your status, we can:

    • Assess whether you’re a contractor or employee

    • Help you claim back any entitlements you may be owed

    • Support you through any disputes or claims

    You may be entitled to back payments going back up to six years.

  • If you suspect you’ve been underpaid — whether recently or over several years — you may have a legal right to recover the money.

    We can assist you by:

    • Calculating the amount you’ve been underpaid

    • Communicating with your employer

    • Taking steps to recover your unpaid wages

    You don’t have to accept less than what you’re legally entitled to.

Employment Law for Employers

Running a business is complex and time-consuming. When an employment issue arises, trying to manage it without expert support can put your business at risk — both financially and reputationally.

At McCarthy Durie Lawyers, our experienced Employment Law team is here to help you avoid disputes where possible — and resolve them efficiently when they do arise. We focus on practical solutions that reduce legal costs and limit disruption to your business.

  • We regularly assist employers with:

    • Employment contracts and documentation

    • Clarifying contractor vs employee arrangements

    • Termination and redundancy advice

    • Defending Fair Work Commission claims

  • Having the right employment documents in place is essential for protecting your business and ensuring legal compliance. Whether you're hiring employees or engaging contractors, a clear, properly drafted contract is the first step in avoiding disputes.

    We can assist with:

    • Fixed fee for employment contract for employers – from $1,500 + GST

    • Independent Contractor Agreements

    • Enterprise Agreements

    • Workplace Policies and Procedures

    Our team ensures your documentation reflects your business needs and complies with Australian employment law.

  • Misclassifying a worker as a contractor when they should be an employee can have serious consequences — including liability for unpaid leave, superannuation and other entitlements.

    Our team can help you:

    • Assess whether your workers are legally employees or contractors

    • Restructure agreements to minimise future risk

    • Resolve disputes if a worker challenges their classification

    Getting it right from the start can save your business significant time and money later.

  • Whether it’s due to performance, misconduct or redundancy, terminating an employee must be done carefully and lawfully. Mistakes in the process can expose your business to claims and penalties.

    We assist employers by preparing:

    • Show-cause letters

    • Termination letters

    • Redundancy consultation documents

    We’ll ensure you're meeting your legal obligations every step of the way.

  • If a former employee lodges a claim with the Fair Work Commission, the process can be unfamiliar and stressful — especially if you’re navigating it for the first time.

    Our lawyers can assist you in defending:

    • Unfair Dismissal applications

    • General Protections claims

    • Unlawful Termination claims

    We aim to resolve disputes efficiently and cost-effectively, so you can get back to running your business.

Latest Employment Law Updates

Ask Us Anything. Anytime.

Need expert legal help? Contact the Brisbane firm that puts your best interests first. Call us or use the form to reach a team member. For urgent matters, call 07 3370 5100.

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