Employment Disputes

Contentious workplace matters including dismissal, discrimination, restrictive covenant, and contractual disputes.

Overview

Employment disputes can be disruptive, sensitive and fast-moving. They often arise in circumstances where legal rights, workplace relationships, commercial interests and reputational issues intersect. Whether the dispute concerns dismissal, discrimination, disciplinary action, whistleblowing, restrictive covenants or a breakdown in trust between employer and employee, early legal advice is often critical.

We advise employers and employees in relation to a broad range of employment disputes. Our approach is practical, strategic and informed by the realities of the workplace. We understand the legal framework governing employment relationships, but we also recognise that these disputes are rarely confined to legal issues alone. They often carry operational, financial, reputational and personal consequences. In every case, we aim to pursue a strategy that is legally sound, commercially sensible and aligned with the client’s wider objectives.

How We Help

Employment disputes can arise at any stage of the employment relationship, from recruitment and contractual negotiations to grievance procedures, disciplinary processes, dismissal and post-termination restrictions. In some cases, the issue can be resolved through careful advice and early intervention. In others, formal proceedings or urgent court applications may be required.

We advise clients from the earliest stage of a workplace dispute, including internal complaints, disciplinary and grievance procedures, contract reviews, settlement discussions and pre-action correspondence. We also represent clients in claims before the Workplace Relations Commission, the Labour Court and the civil courts, including applications for urgent injunctive relief where appropriate.

Our role is to bring clarity to the issues, identify the legal and practical risks, and help clients take the course best suited to protecting their position. Where an early and sensible resolution is achievable, we work to secure it. Where formal litigation is necessary, we prepare matters thoroughly and advance our clients’ interests firmly and effectively.

Types of Employment Disputes We Handle

We advise on a broad range of employment disputes, including:

  • unfair dismissal claims
  • constructive dismissal claims
  • discrimination and equality claims
  • disciplinary and grievance disputes
  • workplace investigations
  • bullying and harassment complaints
  • whistleblowing and protected disclosures
  • restrictive covenant and non-compete disputes
  • breach of employment contract claims
  • disputes concerning bonuses, commission and remuneration
  • senior executive and board-level disputes
  • redundancy-related disputes
  • maternity and family leave related disputes
  • disputes concerning suspension and alleged misconduct
  • injunction applications arising in an employment context
  • settlement and severance negotiations

Each workplace dispute has its own factual, procedural and strategic context. Some require careful management within an ongoing employment relationship. Others arise after trust has broken down entirely. We assess each case on its own facts and advise on the most effective way forward.

Advising Employers

For employers, employment disputes can affect staff morale, management time, internal culture and the wider business. A poorly handled disciplinary process, dismissal, workplace investigation or grievance can give rise to significant legal and reputational exposure.

We advise employers on responding to workplace complaints, managing disciplinary and grievance procedures, handling dismissals, addressing discrimination and bullying allegations, protecting confidential information and enforcing post-termination restrictions where necessary. We also advise on settlement options where a commercial resolution is the best course.

In addition to contentious representation, we assist employers with the drafting and implementation of workplace policies and procedures. This helps ensure that appropriate safeguards are in place, workplace issues are managed properly, and the risk of future disputes is reduced.

Advising Employees

For employees, workplace disputes can be highly stressful and can affect income, reputation, career progression and personal wellbeing. Allegations of misconduct, discriminatory treatment, unfair procedures or an abrupt termination can have immediate and serious consequences.

We advise employees on their rights and options in relation to grievances, disciplinary action, dismissal, discrimination, workplace investigations, whistleblowing issues and restrictive covenant disputes. We also assist with negotiated exits, severance arrangements and settlement agreements where appropriate.

Our approach is clear and measured. We help clients understand their position, assess the strength of their case and pursue the strategy best suited to protecting their interests.

Restrictive Covenants and Urgent Relief

Some employment disputes require urgent action, particularly where confidential information, key client relationships, trade connections or competitive business interests are at risk. In such cases, the dispute may move quickly and require immediate legal intervention.

We advise on disputes concerning restrictive covenants, non-solicitation clauses, confidentiality obligations and garden leave provisions. We also act in injunction applications arising from alleged breaches of post-termination obligations or other urgent workplace matters.

These cases require prompt analysis, careful preparation and clear strategic judgment. We act quickly to protect our clients’ position and to ensure that any urgent application is prepared and advanced on the strongest possible footing.

Workplace Relations Commission, Labour Court and Court Proceedings

Many employment disputes are resolved through internal procedures, negotiation or settlement. Where this is not possible, formal proceedings may be required.

We represent clients before the Workplace Relations Commission and the Labour Court in a broad range of employment claims. We also act in court proceedings where issues arise that fall outside the statutory employment framework, including injunction applications and disputes involving contractual enforcement, confidentiality and restrictive covenants.

Our approach to litigation is thorough and strategic. We prepare each case carefully, analyse the evidential position in detail and work closely with clients to ensure that the matter is advanced with clarity and focus.

Our Approach

Our approach to employment disputes is grounded in clarity, judgment and practical awareness.

We begin by identifying the real issue in dispute, the legal framework that applies and the outcome the client is seeking to achieve. We then assess the strengths and weaknesses of the case, the procedural options available and the wider personal, operational or commercial considerations that may affect strategy.

We understand that employment disputes often involve more than legal rights alone. For employers, they may affect the stability and reputation of the business. For employees, they may affect livelihood, future opportunities and personal standing. For that reason, we aim never to lose sight of the broader context in which the dispute arises. Our goal is to pursue a strategy that is not only legally sound, but practical, proportionate and directed towards the best possible outcome.

Working with Leading Counsel and Experts

Employment disputes can involve complex legal, procedural and evidential issues. Where appropriate, we work closely with leading barristers to ensure that clients benefit from expert legal analysis, thorough preparation and strong advocacy before tribunals and the courts. In suitable cases, we also work with specialist experts, including forensic technology experts, accountants, medical experts and workplace investigators, depending on the issues involved.

When to Seek Advice

Early legal advice can make a significant difference in employment disputes. Whether you are dealing with a dismissal, a disciplinary issue, a discrimination complaint, a restrictive covenant dispute or a complex workplace breakdown, prompt advice can help protect your position and shape the best strategy from the outset.

If you require advice in relation to an employment dispute, we can assist.

Discuss Your Matter

Request a consultation

For an initial assessment of your matter, contact our office.