Employment Law
Employee relations can pose complex legal challenges for businesses of all sizes. At Mapien Law, we provide expert legal advice, strategic advocacy, and skilled negotiation to help you navigate these challenges with confidence.
We work closely with you to develop and implement bespoke legal strategies that address your employment legal requirements and secure favourable outcomes that support both your workforce and business objectives.
We take the time to understand the unique dynamics of your workplace and industry, allowing us to craft tailored legal strategies that protect your interests and achieve the best possible outcomes.
Employment Law Practice Areas
Employment Litigation in State & Federal Courts
Disputes can escalate quickly. We act in all employment related proceedings, including wrongful dismissal, breach of contract and restraint of trade claims, held before all State and federal courts. Our litigation team prepares evidence, drafts persuasive submissions and represents clients at mediation, provisional applications and trial.
- emergency injunctions to protect business interests
- defense of adverse action claims
- enforcement of confidentiality and non-compete provisions
- recovery of losses from employee misconduct
Industrial Relations Commission Representation
Our team appear regularly in state Industrial Relations Commissions, including the Queensland Industrial Relations Commission, providing representation in:
- Public sector disciplinary appeals
- industrial disputes and bargaining matters
- Public interest disclosures and whistleblower allegations
- workers’ compensation appeals and reinstatement applications
General Protections Litigation
General protections offer broad remedies to employees who allege retaliation for exercising workplace rights. We defend employers in high stakes adverse action claims, guiding them through:
- urgent responses to Fair Work Commission requests
- compulsory conciliation and prospects assessment
- drafted defenses, affidavits and expert economic evidence
- strategic settlement where commercially advantageous
Wage Recovery Claims
Employers have an obligation in meeting minimum entitlements and should be vigilant in wage compliance.
Wage compliance has gained prominence over the past few years with many high profile employers electing to advise the Fair Work Ombudsman (FWO) of salary breaches. This is compounded by the fact that the FWO is increasingly well resourced, and has recovered record amounts of underpayments for employees.
Mapien Law can advise and assist employers on:
- wage and leave entitlements, and
- conduct wage audits and reviews.
- defense of underpayment claims and prosecutions
Workplace Health & Safety Prosecutions
Providing a safe and comfortable workplace is critical for the wellbeing of your people.
Being proactive and managing risk ensures that employees’ wellbeing sits at the core of your business.
Our dedicated and professional workplace strategists understand WH&S prosecutions and workers’ compensation inside out and craft a customised plan to suit each client’s specific needs, covering:
- The legislative framework for WH&S & workers’ compensation
- WH&S incident & workers’ compensation investigations
- Submissions & representations for workers’ compensation claims, reviews & appeals
- Prosecutions for a breach of WH&S legislation
- The principles of risk management
- Policy development
Workplace Investigations Litigious Matters
Allegations of misconduct, bullying, harassment or fraud require impartial, defensible investigation processes. We act as independent external investigators and advisers, delivering:
- investigation plans aligned with the principles of procedural fairness
- evidence gathering, witness interviewing and documentary review
- findings reports that meet Fair Work and tribunal standards
- advice on disciplinary action, termination and reputational risk
- litigation support where matters escalate to court
Employment Contracts
Employment contracts play a key role in regulating the employer/employee relationship
So it is essential to get them right!
Our lawyers are armed with up-to-date technical knowledge and extensive experience across a range of workplace settings, at all levels in the public and private sectors, and in businesses, large and small.
From this sound knowledge base you can access the very best guidance when it comes to reviewing, planning and preparing employment contracts.
We ensure correct alignment with your business imperatives and with industry standards and regulatory requirements.
We also provide contract interpretation and employee entitlement auditing services.
Independent Contractor Agreements
Misclassification can expose organisations to back pay, tax and superannuation liabilities. We structure contractor documentation and working arrangements to withstand ATO and Fair Work scrutiny, covering:
- genuine entrepreneurial risk and control clauses
- GST and invoicing mechanics
- indemnities and liability allocation
- termination triggers and dispute resolution pathways
Enterprise Bargaining
Our in-depth knowledge of client industries enables us to provide comprehensive enterprise bargaining support to employers.
- Strategic advice and planning
- Bargaining representation
- Representation before Fair Work Commission regarding agreement approvals and protected industrial action matters
Strategic Advice
Our primary goal is to keep clients out of litigation where possible. To that end, we offer strategic advice regarding a range of employment matters, including:
- Employee management
- Workplace change and restructuring
- Discrimination, workplace bullying and sexual harassment
- Legal compliance
Our Methodology
1. Initial Briefing
We clarify objectives, timelines and risk profile.
2. Strategic Roadmap
You receive a tailored action plan with clear milestones.
3. Implementation & Representation
Our lawyers execute the strategy, liaising with regulators, unions and courts as required.
4. Ongoing Support
We monitor legislative changes and provide updates to sustain compliance and reduce future risk.
Why Businesses Choose Us
Employment Lawyers
Recognised for our depth of expertise.
Industry Specific Insight
Across mining, healthcare, education, technology and government.
Commercial Focus
That balances legal compliance with operational realities.
National Reach
With teams in Brisbane, Perth, Melbourne and Sydney ready to respond to issues wherever they arise.