Workplace Disputes

Our lawyers provide prompt, strategic and commercial legal advice to make a significant difference in the resolution of workplace disputes.

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Workplace disputes - Why you need a lawyer

Financial Assets

Outlining rules of conduct for employers and employees

It is important that both employers and employees understand the rules of conduct. If all parties within a workplace are educated on what is and isn’t allowed, this prevents the likelihood of disputes arising. A lawyer can discuss the conducts outlined in your workplace so you are informed when making future decisions to prevent workplace disputes.

Timely Legal Services

Undertaking investigations of serious misconduct

If you believe serious misconduct has occurred during a workplace dispute, it is important to reach out. A lawyer can sit down with you and discuss the issue and investigate further into the issue to see if disciplinary action is required. We can also design performance review procedures to ensure that workplace disputes are properly managed.

Dispute Resolution

Helping you resolve workplace disputes

Workplace disputes are an increasingly common issue for employers and employees. Consideration as to how each dispute is handled can be the difference between solving the matter amicably and peacefully or the business being forced to become involved in costly and drawn out litigation. We can provide prompt, strategic and commercial legal advice to make a significant difference in the resolution of workplace disputes.

Representing you in dispute resolution processes

If the workplace dispute is unable to be resolved internally within the business, we can help by representing the involved parties in any dispute resolution processes. We will aim to ensure you understand the dispute resolution process before even beginning, to give you the best possible chance of solving the dispute before you need to take the matter to court.

Representing you in court

If workplace disputes cannot be resolved through dispute resolution, the matter will have to be taken to court. Facing the court is a stressful process that can be made easier by being represented by a lawyer. We have decades of experience facing the court and can fight for your best interests to achieve the outcome that will positively benefit you.

Frequently asked questions

Depending upon the decisions you made and the process you followed when dealing with an employee’s workplace dispute, you may find yourself confronted with a:

- Breach of contract claim;
- Unfair dismissal claim;
- General protections claim;
- Unlawful discrimination claim; or
- Bullying and harassment claim.
Dispute resolution involves the disputing parties coming together to talk about their issue in order to resolve their dispute without having to take the matter to court. The aim of dispute resolution is for the parties to come to an agreement about how to solve their issues.
Dispute resolution should be simple, involve stages so matters can be resolved in the workplace, encourage the parties to come to a conclusion that reaches the Fair Work Commission, and provide the Fair Work Commission with the power to ensure settlement of the dispute if it remains unresolved after dispute resolution. The process should be quick, fair, handled sensitively and be transparent to other employees.
Disputes that occur in the workplace can include:

- Clashes of personalities;
- Bullying or harassment;
- Intimidation;
- A breakdown of communication;
- Conflicts over pay or workload;
- Competition between employees; and
- Breaking rules and policies.
Workplace disputes can occur between:

- Businesses and their partners;
- Employees;
- Managers;
- Managers and their employees;
- Committees;
- Boards;
- Employees and contractors; and
- Employers and contractors.
If you do not manage workplace disputes, this can lead to accidents, low morale, lower productivity, bullying or harassment complaints, higher employee absences without good reason and a high staff turnover.
If there is a dispute in your workplace, the steps may be:

1. The employee meets with their supervisor and discusses the issue.

2. If the dispute is not resolved, they will discuss the matter with senior management.

3. The dispute is not resolved, the employer will refer the dispute to a more senior officer of the organisation.

4. If the dispute is not resolved, the employer will refer the matter to a mediator for assistance in resolving the dispute.
Solving disputes in mediation is much less expensive than going through the courts. Mediation is a low risk alternative that usually results in high rates of success. You can reach an agreement that benefits both parties rather than having a ‘winner’ and a ‘loser’. You have the guidance of a professional mediator to assist you in coming to an agreement. Parties can opt out of mediation at any time if they feel it is not working for their situation.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of employment law

Forge Legal’s employment lawyers are specialists in all areas of employment law and can assist you with all employment law matters.

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