Employment Audit 

Prevention is always better than cure, and one of the most crucial things for any business is to have compliant, up to date employment contracts and workplace policies that everybody understands. While you can’t always prevent employment related disputes and claims, understanding your legal obligations is the best way to ensure that you are meeting them. We can conduct a comprehensive review of your employment documents and systems, identify any gaps and risks, and provide you with a program to address these.

Engaging People 

Speak to us before you engage a new person – we can ensure that you comply with any applicable Award and industry particularities. We will ensure you have clear and current policies and employment contracts to give your staff certainty about their employment arrangements and workplace conditions.  We can also provide advice for directors and officers on employment legislation and matters of corporate governance.

Workplace Training

Give your staff the skills to manage workplace behaviour issues and drive cultural change. Training your employees is an excellent investment in your staff and business, and can equip managers to prevent and deal with workplace relations matters where they arise. Sinclair + May offer face-to-face and online training in a broad range of topics in a way that is interactive and practical.

Claims and Representation

Litigation is not always the best option.  We can provide advice as to the best way to manage potential conflict in the workplace, and if necessary represent you to achieve an efficient resolution where possible. We act  in a variety of employment law claims including unfair dismissal, adverse action, bullying, sexual harassment, breach of contract and misleading and deceptive conduct. Sinclair + May can represent you at conciliation or mediation, and manage court proceedings.

Workplace Investigations

Workplace investigations can be challenging and time consuming, and ensuring you get the process right is as important as the outcome. Outsourcing workplace investigations to an experienced, independent and external workplace investigator is practical, efficient and cost effective. We offer independent, impartial investigations into complaints about inappropriate behaviour at work. We can also conduct cultural reviews to identify the source of problematic and dysfunctional workplaces and teams, in a sensitive and impartial way.

Termination and Redundancy

When it comes to terminating employment, it’s critical to understand your options and obligations before taking any action. The situation and procedure can be different for each person, depending on their contract, Award, and reason for termination. Whether for performance, behaviour related issues, or as a result of redundancy, we can assist you to manage your obligations in a respectful, commercial and sensitive manner.

Consulting and Support

Sometimes you don’t want a lawyer involved, and what you really need is guidance.  We can guide you through HR Processes including performance management and disciplinary processes, grievances, requests for flexible work arrangements, workplace investigations and discrimination complaints.  We can coach you through the process and provide assistance in drafting correspondence, and preparing you for challenging conversations.

Enterprise Bargaining

The process of enterprise bargaining can be extensive.  We can help you through the negotiation process, drafting enterprise agreements and formalising agreements. We can help you to understand the process for dealing with employees, the approval process and addressing the legislative requirements under the Fair Work Act 2009 (Cth). Sinclair + May can also advise on issues concerning compliance with the Better Off Overall Test and dealing with the Fair Work Commission.