Grope Hamilton Lawyers provide an extensive range of services and advice relating to all types of employment law issues.
Employment Law Services
Unfair Dismissal Claims
If you feel that you have been unfairly dismissed from your workplace, get in touch with Grope Hamilton Lawyers so that we can help you take the best steps forward.
Breaches of Employment Contracts
Grope Hamilton Lawyers are experienced in all areas of employment law including cases where employment contracts have been breached.
Claims under the Fair Work Act
Grope Hamilton Lawyers can assist you in formulating a claim under the Fair Work Act.
Understanding Your Employment Law Position
A workplace issue does not always begin with a clear legal claim.
You may know that something has changed or gone wrong: your employment has ended, your role or employment conditions have changed, an entitlement is in dispute, allegations have been raised, or a workplace disagreement has become more serious without knowing what the issue means legally or what should happen next.
The legal position may depend on a number of factors, including:
- the terms of the employment contract;
- the nature of the employment relationship;
- the National Employment Standards;
- an applicable modern award;
- an enterprise agreement; and
- rights and obligations arising under workplace legislation.
These sources do not necessarily operate independently.
An employment contract may apply alongside statutory minimum entitlements or an industrial instrument. Similarly, the same workplace circumstances may raise more than one legal issue.
For example, a change to remuneration or responsibilities may require consideration of the employment contract as well as any applicable award, enterprise agreement or statutory entitlement. Where employment has ended, the circumstances surrounding the termination may also give rise to different potential legal pathways.
For this reason, an important first step is often to identify where the relevant right or obligation comes from, what has occurred and which legal framework applies to the circumstances.
Which Employment Law System Applies to You?
Employment relationships in South Australia do not all fall within the same workplace relations system. The applicable framework depends on the employment relationship and the employer concerned.
Who employs you?
Why this matters
Different workplace relations systems can involve different legislation, employment rights and obligations, industrial instruments, procedures and forums. Identifying the applicable system can therefore be an important first step before determining how an employment issue should be approached.
What Employment Law Advice Can Help Clarify
Employment law advice is not only about identifying whether a particular claim exists. It can also help clarify the legal position, assess the available options and understand the implications of different courses of action before a workplace issue progresses further.
Your Position
What rights and obligations apply?
Understanding the legal position may require consideration of the employment relationship, relevant workplace legislation, the employment contract and any applicable award or enterprise agreement. Correspondence and other employment documents may also be relevant to what has occurred.
Your Options
What options are available?
The appropriate response will depend on the circumstances and the legal issues involved. Advice can help identify the available options and assess how each may affect the client's position before a particular course of action is taken.
Your Considerations
What are the legal and practical implications?
A workplace decision can affect existing rights, obligations and the options available later. Legal advice can assist in identifying relevant risks and consequences so that important employment decisions are made with a clearer understanding of the legal position.
Your Next Step
What is the appropriate next step?
Depending on the matter, the next step may involve further advice, employment-related correspondence, negotiation, responding to a formal claim or progressing the matter through an appropriate legal process.
The Approach
The appropriate approach will depend on the employment relationship, the applicable legal framework, the relevant documents and what has already occurred. Identifying those matters early can provide a clearer basis for deciding how the employment issue should be addressed.
More than four decades of
legal experience.
Since 1983, Grope Hamilton Lawyers has provided legal services to clients across South Australia. That experience informs a practical and considered approach to employment law matters for both employees and employers.
Our employment law practice is led by Civil Litigation Partner Tony Kerin, whose broader experience in litigation and dispute resolution informs a practical and considered approach to employment law matters. Advice is tailored to the circumstances of each matter, with a focus on the legal position, relevant risks and the options available to achieve a practical way forward.
How Grope Hamilton Lawyers Can Assist
The assistance required in an employment matter will depend on the nature of the issue, the applicable legal framework and the stage the matter has reached. Grope Hamilton Lawyers provides advice and representation to employees and employers across a range of employment law matters.
01 / Review and Advice
Understanding the legal position before deciding what to do next
We can review relevant employment documents, correspondence and workplace instruments and advise on the legal position, rights and obligations that may be relevant to the matter.
This may involve considering the employment contract, relevant workplace correspondence and any applicable legislation, award or enterprise agreement.
02 / Correspondence and Responses
Assisting with important employment communications
We can assist with the preparation and review of employment-related correspondence, formal responses, proposed variations, settlement documents and other communications relevant to an employment issue.
The wording of employment-related communications and documents may affect the parties' legal position and the way the matter develops.
03 / Negotiation and Resolution
Exploring appropriate options for resolving a dispute
We can advise during negotiations and assist clients to consider appropriate options for resolving an employment dispute where resolution is possible.
The appropriate strategy will depend on the legal issues involved, the client's objectives, the position of the other party and what has already occurred.
04 / Claims and Proceedings
Advice and representation when a matter becomes formal
Where an employment matter progresses to a formal claim or proceeding, we can assist with preparing or responding to the matter, advise on the applicable process and provide representation in the relevant tribunal or court where appropriate.
The appropriate process and forum will depend on the nature of the claim and the workplace relations system that applies.
Our Approach
The appropriate course will depend on the circumstances of the matter. Our role is to help clients understand the legal position, consider the available options and determine a practical way forward.
Preparing for Employment Law Advice
The information required will depend on the nature of the employment issue. Having the key documents and dates available can assist your lawyer in understanding what has occurred and identifying the issues that may need to be considered.
Employment Documents
Your employment contract, variations and relevant workplace policies.
Correspondence
Relevant emails, letters and workplace communications.
Workplace Records
Performance, disciplinary, termination or remuneration records where relevant.
Formal Documents
Any claim, application, notice or other formal document already received.
Key Events and Dates
A brief chronology of the important events and relevant dates.
You do not need to identify the legal claim or applicable workplace instrument yourself before seeking advice.
Speak With Our Employment Law Team
If you would like advice about an employment law matter, speak with our team about your circumstances and the appropriate next step.
Frequently Asked Questions
No. Employment issues do not always fall neatly into a single legal category. The relevant issues may depend on the employment relationship, the applicable workplace relations system, the employment contract and any relevant award, enterprise agreement or workplace legislation.
Legal advice can assist in identifying the issues that may need to be considered and the appropriate way to approach the matter.
Yes. Employment law advice is not limited to matters that have already developed into a formal claim or proceeding.
Advice may be useful when an employment issue is developing, when important correspondence or documents need to be considered, or before a significant workplace decision is made. The appropriate approach will depend on the circumstances of the matter.
Yes. An employment contract may operate alongside rights and obligations arising under workplace legislation and, where applicable, an award or enterprise agreement.
For this reason, understanding an employment issue may require consideration of more than one source of rights and obligations.
Yes. Grope Hamilton Lawyers provides employment law advice and representation to both employees and employers.
The legal issues, objectives and practical considerations may differ from matter to matter, and the advice provided will depend on the circumstances and legal position of each client.
No. The appropriate way to address an employment matter will depend on the issues involved and what has already occurred.
Some matters may be addressed through advice, correspondence, negotiation or other forms of dispute resolution. Other matters may require a formal application or proceeding before the relevant tribunal or court.
If you have received a formal letter, claim, application or other workplace document, it is important to understand what the document requires before responding or taking further action.
Different employment matters can involve different procedures and response periods. Obtaining advice promptly can help clarify the legal position, any steps that may need to be taken and the appropriate way forward.