Employment & Industrial Disputes
Employment disputes are usually decided by the paperwork nobody wanted to do at the time: the domestic inquiry, the show-cause letter, the contemporaneous notes. We act for employers and for senior executives, and we care about process, because in the Industrial Court process is very often outcome.
Unfair-dismissal and constructive-dismissal references, Industrial Court proceedings and the domestic inquiries that precede them — for employers and senior executives.
What we handle
- Unfair-dismissal references under s.20 of the Industrial Relations Act 1967
- Constructive-dismissal claims and defences
- Domestic inquiries — advising, conducting and reviewing
- Misconduct, poor-performance and retrenchment dismissals
- Industrial Court representation and award enforcement
- Judicial review of Industrial Court awards
Our approach to a employment disputes matter
Get the process right
For an employer, the strongest defence to an unfair-dismissal claim is a fair process fairly recorded — a proper inquiry, a real chance to answer, a decision on evidence. We advise before the dismissal, not only after the claim.
Assess the reference
For an executive, we test whether there was just cause or excuse for the dismissal and whether the process was fair, and advise realistically on the likely range of outcome.
The Industrial Court
The reference is heard on evidence and submissions. We prepare witnesses and documents to the standard the Court expects, and argue both liability and remedy.
Review where warranted
An award may be challenged by judicial review in the High Court where it is tainted by an error of law or a want of fairness. We advise on whether a review is realistically arguable.
The team for employment disputes
Employment Disputes: the questions we are asked
An employee says they were unfairly dismissed. What is at stake?
A dismissal without just cause or excuse can lead, at the Industrial Court, to reinstatement or an award of back-wages and compensation in lieu. The Court looks closely at both the reason for the dismissal and the fairness of the process. A well-run domestic inquiry, documented at the time, is the best protection — and is far easier to build before a dismissal than to reconstruct after a claim.
What is constructive dismissal?
Constructive dismissal arises where an employee resigns in response to a fundamental breach of the employment contract by the employer — treating themselves as having been dismissed. It is fact-sensitive and turns on the breach and the promptness of the resignation. We advise both employees considering it and employers defending it.
Is there a deadline to bring a claim?
Yes. A representation of unfair dismissal under s.20 must generally be made within 60 days of the dismissal. This is a strict statutory window, and missing it is usually fatal to the claim — so act quickly and take advice at once.