Employer disputes

Name: Gibbs Wright Litigation Lawyers
Price range: $$$

As an employer, your company or your business is your livelihood and a significant investment. When there is a dispute about employment in the workplace, it can be complex, time-consuming and financially damaging.

It’s important for you to ensure you are protected and that’s where powerful litigation makes a difference.

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Gibbs Wright are registered members of Queensland Law Society

Exclusively Litigation

Are you involved in a dispute with an employee?

Employment is generally the most significant factor in relation to a person’s finances and standard of living. For employers, it is also one of the most expensive parts of running a business. No one ever wants to find themselves in a position where they need an employment lawyer.

If an employment dispute arises, it can be an emotional and financially stressful situation for all involved. With the possibility for significant awards for damages, you will likely need a skilled and experienced lawyer to represent you and your best interests.

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TESTIMONIALS

What our clients say

…turned our crazy situation into positive new beginnings… We would highly recommend their services to anyone who is in need of professional property lawyers who have your best interests at heart. Thank you Mitchell and Melany!

Rachel Olorenshaw

During the first phone call with Spencer I knew immediately that I was in competent hands. Spencer and his troops moved into position akin to military action… I would strongly recommend contacting Gibbs Wright Litigation Lawyers…

John Christian

Employee Litigation

Types of employee disputes we can help you with

Employment law covers a broad range of areas and can be complex. We can help you in all employment disputes, including those relating to:

EmployEE Lawyers

Who we can help

For employers, employment law in Australia can be especially difficult to navigate. Gibbs Wright has the experience to provide legal advice on your rights and obligations to help resolve any employment dispute.

Our firm represents employers in a wide range of employment matters; no case is too small, too big or too complex for our lawyers to take up the fight. Each and every client receives the same level of attention and dedication, whether they are an individual or one of the nation’s biggest companies.

Call Gibbs Wright today for a free initial consultation with one of our experienced litigation lawyers to discuss your dispute and explore your options.

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Your team

Meet your employer dispute lawyers

Yusuf Furgan

Special CounSEL

Meet Yusuf

Melany Dowse

Special CounSEL

Meet Melany

Mitchell Caldwell

Senior Litigation Solicitor

Meet Mitchell

Types of Estate and Wills Disputes We Can Help With

HOW WE Help

How we can help

Workplace law is governed by Commonwealth laws, including the Fair Work Act 2009 (Cth), but more often than not, there are protections contained in state legislation, such as the Work Health and Safety Act 2011 (Qld) and the Industrial Relations Act 2016 (Qld).

If you need to mediate or need help to negotiate in a dispute with an employee, Gibbs Wright Litigation Lawyers can help. Our employment lawyers may be able to represent you in conciliation conferences, application hearings and trials (sometimes subject to approval) in:

the Fair Work Commission (FWC);
the Queensland Industrial Relations Commission (QIRC);
the Queensland Civil and Administrative Tribunal (QCAT);
Queensland courts; and
Federal courts.

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FAQs

Employment matters we can help with

What is a restraint of trade clause?

A restraint of trade is a clause in an employment contract that is designed to protect a business’s interests by restricting an employee’s activities after they leave the business.

Restraint of trade clauses include confidentiality clauses, non-compete clauses, non-solicitation clauses and non-recruitment clauses.

My previous employee is running a competing business. Can I stop them?

If your employee is operating a similar business, you might be able to:

• claim compensation from your employee; and/or
• obtain a court order which stops them from running their business.

Before doing this, it is important to look at whether you had an employment agreement in place which says that your employee is restrained from conducting a competing business.

The courts usually do not want to restrict people from doing business even if it is in direct competition with yours, so you will usually need a compelling reason why your employee should pay you compensation or why your employee should not be allowed to run their business.

The best thing to do is have our employment lawyers review your contract to make sure there is a term which gives rise to a claim. Our lawyers will usually want to consider:

• your employment agreement;
• the nature and location of your business and your employee’s business; and
• evidence of how many customers and how much profit you are losing because of the competing business.

Our lawyers can assist you by considering whether you have a claim, sending a letter of demand, conducting negotiations, commencing proceedings and finalising settlement agreements.

Can I stop an employee from taking company information?

From the outset, you should ensure that your employment agreement with an employee has a confidentiality clause which clearly defines what is considered confidential information. Without a confidentiality clause, it may be difficult to prevent an employee from taking this information.

If you do discover that an employee is taking your business’s information, and has breached the terms of the confidentiality clause in your agreement, you may be able to:

• terminate their employment; or
• seek a court order to prevent further breaches; or
• seek orders against the employee to recoup damages.

It is important to seek legal advice before you commence any action against the employee.

What is the difference between an employee and a contractor?

Whether a worker is an employee or contractor is determined by the nature of the relationship with a business, not the name of the arrangement or the title of the worker.

An employee usually works as directed by an employer, who pays their wage. A contractor runs their own business, by selling their services to others.

The differences between an employee and a contractor relate to factors such as:

• the ability to delegate or sub-contract work;
• the basis on which payment is made;
• who supplies equipment, tools or other assets for the work;
• the level of commercial risk taken;
• hours of work;
• expectation of continuing work;
• tax, superannuation and leave entitlements;
• the level of control over the work; and
• how independently the worker can operate.

What is the Gibbs Wright process?

At Gibbs Wright, we work closely with you to determine the best plan for your particular circumstances, taking into account your finances and expectations.

We will walk you through the steps of the journey, which begins with a free initial discussion to assess the strength of your case and your legal options.

We will request key documents such as employment contracts to assess this.

If we determine we can help you, we will provide an estimate of fees, depending on the expected cost and complexity of the matter. If you agree with our proposed strategy, we will vigorously pursue or defend a claim on your behalf.

Why us

Why choose Gibbs Wright Litigation Lawyers

At Gibbs Wright, our employment lawyers have extensive experience in handling all types of employment matters, including unfair dismissal, discrimination claims and contract disputes. Whether you are a small or large employer, we have the skills and experience necessary to help you achieve the best possible outcome.