Employment Law
Employment Law
Supporting Businesses with Practical Employment Law Advice
At Wakefield Lawyers, we understand that managing employees is a vital but often complex part of running a successful business. Navigating the rules around employment contracts, employee entitlements, and terminations requires up-to-date legal knowledge and a practical understanding of your obligations under Australian and Victorian law.
Our commercial law team provides clear, tailored advice on employment law matters to help local businesses stay compliant, avoid disputes, and focus on what they do best.
What is Employment Law?
Employment law in Victoria is primarily governed by:
- The Fair Work Act 2009 (Cth) – This federal legislation sets out the minimum standards for employment across Australia, including unfair dismissal laws, the National Employment Standards (NES), and the framework for modern awards and enterprise agreements.
- The Fair Work Regulations 2009
- Applicable Modern Awards
- The Equal Opportunity Act 2010 (Vic) – Covering discrimination, harassment, and equal opportunity issues in the workplace.
- Occupational Health and Safety Act 2004 (Vic) – Governing employer duties regarding safe working conditions.
Together, these laws regulate employer and employee rights and obligations across key areas such as hiring, working conditions, termination, and workplace behaviour.
Our Employment Law Services
We advise all business on a wide range of employment matters, whether you're a sole trader, family business, or growing company. Our employment law services include:
- Drafting Employment Contracts
Our contracts clearly outline duties, remuneration, leave entitlements, confidentiality obligations, termination clauses, and any post-employment restraints. We ensure each contract aligns with the National Employment Standards and any applicable Modern Award or Enterprise Agreement. Having a well-drafted employment contract is one of the most effective ways to protect your business and set clear expectations for your staff. We prepare legally compliant, tailored contracts for:- Full-time, part-time, and casual employees;
- Fixed-term or probationary roles
- Senior executives and key personnel
- Reviewing & Advising on Employment Contracts
Already have employment agreements in place? We can review your existing documents to ensure they comply with current legislation and best practice. Whether you're onboarding new staff or updating legacy contracts, our advice ensures your agreements are robust and enforceable.
We identify potential risks such as:- Ambiguous termination clauses
- Misclassification of casual vs permanent roles
- Missing modern award terms or minimum entitlements
- Insufficient clauses around confidentiality, IP, or post-employment obligations
- Unfair Dismissal Advice
Dismissing an employee is never easy and mishandling it can lead to costly claims.
Under the Fair Work Act, an employee may lodge an unfair dismissal claim if they believe their termination was harsh, unjust, or unreasonable. Strict time limits apply (usually 21 days from termination), and claims can result in reinstatement or compensation. Whether you’re considering dismissal or have received a claim, we help you navigate your obligations and minimise legal risk.
We provide proactive advice on:- Lawful termination procedures
- Performance management and warnings
- Redundancy processes
- Responding to Fair Work Commission claims
Why Choose Wakefield Lawyers?
At Wakefield Lawyers, we take a practical, people-first approach. Our advice is always tailored to your business goals, workplace culture, and the unique challenges you face as a regional employer. We’re local, we’re experienced, and we’re here to support your business long-term.
We work with clients across Warragul, Drouin, and wider Gippsland to help them build strong, compliant employment practices so you can focus on growing your business with confidence.
Speak with an Employment Law Solicitor Today
Whether you’re hiring your first employee or managing a large team, our lawyers can provide the employment law advice you need to stay compliant and protect your business.
Contact Wakefield Lawyers today to arrange a consultation with our commercial law team.
