Employment Law

Judy Swan spent 14 years as in house counsel between 1999 and 2013 working for a company which grew to have over 3000 employees across all states and territories of Australia. Judy was critical in negotiating a separate enterprise agreement with the union which represented the majority of the workforce. 

Judy has  acted in resolving conflicts within the workplace working with all stakeholders to achieve cultural change.  Judy has appeared in the Fair Work Commission and other industrial courts or tribunals.  Supported by an honours degree in Psychology and a wealth of experience in human behaviour, Judy is well equipped to deal with the most challenging forms of employment law cases. 

Swan Lawyers seeks to implement workplace fairness and to advocate for those in the workplace who have lost their voice or who are afraid to speak up against ageism and sexism. 

Due to the unique industrial relations environment currently existing in the Australian Workforce, Swan Lawyers has advised international companies who have set up offices in Australia how to manoeuvre their way through the complex legislation in existence in the field of Employment Law in Australia.

Swan Lawyers  experience has prepared us to manage difficult and delicate workplace disputes.  We have also provided advice in relation to awards and enterprise agreements; drafted enterprise agreements and executive contracts; launched and defended unfair dismissals; acted in restraint of trade injunctions, unfair dismissals, unfair contract claims and adverse actions.

Swan Lawyers has an employment package which provides you with a range of documents to ensure that your company is compliant with the requirements, at least with regard to policy and procedure, under the Fair Work Act 2009 and the Work Health and Safety Act 2011 and regulations.

Swan Lawyers has the experience to draft all ranges of contracts to suit both contractual, consultative and employment conditions. We are fully versed with the complexity of the requirements of the Independent Contractors Act 2006 and have assisted companies who have been prosecuted or pursued by the Fair Work Ombudsman and the Australian Taxation Office for breaches of this legislation.

Anti-discrimination and equal opportunity

Swan Lawyers is able to provide training programmes and assistance to employers and their employees to avoid potentially damaging actions in:-

  • Bullying
  • Discrimination
  • Flexible work practices
  • Harassment
  • Workplace diversity

We provide representation in any conflicts which arise as a consequence.

Employment Agreements

Swan Lawyers is able to advise employers how to manage the complex minimum standards set out in the  Fair Work Act 2009 (Cth), to draft employment agreements which reflect their business needs and to protect them from confidential information and restraints. Breaches of confidential information and intellectual property can lead to urgent interlocutory injunctions and search orders. Our lawyers and paralegals know when it is urgent to act. Similarly enforcing restraints of trade may result in litigation being brought on an urgent basis. We can cater to the pressing needs of our clients.

Swan Lawyers assist employees from negotiating contracts which allows the employees to protect the development of own trademarks or intellectual property while engaged by an employer.

Swan Lawyers is able to guide employers in their obligations to make payments to their employees under the Superannuation Guarantee (Administration) Act 1992.  We are also able to assist employers negotiate and make submissions to the Australian Taxation Office in the event of an audit being conducted by the ATO with unfavourable outcomes.

Termination of Employment

There is no longer a hard and fast rule with regard to procedural fairness in unfair dismissals.  There are no provisions for three strikes or warning lessons.  We can advise you in the process, write warning letters, assist with the procedure and ensure that expensive and protracted litigation is avoided. Swan Lawyers is highly specialist in defending claims which are brought.

Workplace mediation

Judy Swan has completed the National Accredited Mediation programme and is able to conduct workplace mediations which are the best and most efficient way to resolve a workplace dispute.

Workplace Health and Safety Management

Risks in workplace health and safety can lead to:-

  • Investigations by a Workplace Inspector which can lead to
  • Regulatory prosecutions and without proper
  • Risk Management system in place or proper OH&S Management Systems and
  • Training in place, can lead to prosecution.

You will need legal advice. Swan Lawyers can assist at reasonable costs and minimal fuss.

Training

Swan Lawyers is willing to provide training to all your staff in relation to all aspects of workplace relations including:-

  • Performance Management;
  • Bullying and harassment;
  • Anti-Discrimination;
  • Managing your Union;
  • Conducting workplace investigation;
  • Work Health and Safety and risk management training; and
  • Terminations and redundancies.

Please contact us for a quote.

Enquire About Employment Law