Employment Law Support
Practical employment law guidance that turns complex obligations into defensible decisions.
LevelUp provides employers with practical, plain-English employment law support that turns complex legal obligations into clear decisions and defensible actions. From managing termination risk and responding to Fair Work Commission applications through to redundancy processes, flexible working requests and the positive duty to prevent sexual harassment, LevelUp helps employers act confidently and compliantly, without the cost and delay of a traditional legal engagement for every people management decision.
About Employment Law Support at LevelUp
Australian employment law is one of the most employee-protective legislative frameworks in the world. The Fair Work Act 2009 provides employees with a broad suite of rights, including unfair dismissal protections, general protections from adverse action, the right to request flexible working arrangements, and protection from workplace bullying, each of which can be triggered by routine management decisions that are not handled correctly.
The consequences of employment law errors can be severe. Unfair dismissal compensation can reach up to 26 weeks’ pay. General protections applications carry uncapped remedies and reversal of the burden of proof. Sexual harassment claims can result in significant personal liability for individual managers under the Sex Discrimination Act 1984. And the positive duty introduced in December 2022 requires employers to proactively eliminate, not just respond to, sexual harassment and hostile conduct.
LevelUp provides employment law support that is practical and outcome-focused. Our advisers translate complex legal obligations into clear, actionable guidance that your managers and HR teams can apply with confidence in day-to-day workforce management. We work alongside employers before disputes arise, helping build compliant processes, train your team, and make sound decisions, and provide expert support when disputes do occur, through negotiation, conciliation, and proceedings.
LevelUp handles the majority of common employer-side employment law matters without the cost of a law firm. Where litigation is required, we work alongside legal counsel to provide the HR management expertise and documentation support that strengthens your legal position.
How LevelUp can help
- Advising on termination of employment, including dismissal risk assessment, procedural requirements, and drafting of all associated correspondence
- Responding to unfair dismissal, general protections, and stop bullying applications lodged with the Fair Work Commission, including conciliation preparation and representation
- Assessing, documenting, and responding to flexible working arrangement requests in compliance with the Fair Work Act 2009 amendments
- Managing redundancy processes that satisfy genuine redundancy requirements, including consultation obligations and redeployment assessment
- Investigating and responding to workplace bullying and harassment complaints, including stop bullying applications before the Fair Work Commission
- Developing legally defensible show cause processes, performance improvement plans, and termination decisions for misconduct and performance matters
- Training managers on employment law obligations, including termination risk, general protections, flexible working, and the positive duty to prevent sexual harassment
- Conducting employment law risk assessments across existing HR and IR practices to identify and remediate compliance gaps before they become claims
Topics covered
- Unfair Dismissal
- General Protections
- Adverse Action
- Flexible Working Arrangements
- Sexual Harassment
- Stop Bullying Applications
- Consultation
- Redundancy
- Misconduct
- WHS Obligations
Work we have done
Real engagements. Anonymised to industry level.
Vexatious complaint, multi-entity group.
An employee raised escalating internal and regulator complaints found on investigation to lack good faith. LevelUp built the disciplinary pathway on the established case law framework for vexatious complaints, structured the show cause process to hold up against adverse action risk, and prepared the leadership team for the regulator’s follow-up. The employer acted, defensibly, instead of staying paralysed.
General protections defence.
A termination challenged under the reverse onus provisions of the Fair Work Act. LevelUp reconstructed the decision timeline, isolated the decision-maker’s reasons from the protected conduct, and ran the conciliation strategy to a commercial resolution well inside the client’s authority.
Employment Law Support topic areas
LevelUp covers every major topic within employment law support.
Unfair Dismissal
Managing the risk of unfair dismissal claims and responding effectively when applications are made to the Fair Work Commission. Unfair dismissal applications must be lodged within 21 days of the dismissal taking effect and can result in reinstatement or compensation of up to 26 weeks’ pay. LevelUp advises on procedural requirements, drafts all dismissal correspondence, and provides representation support through the Commission’s conciliation and arbitration process.
General Protections
Understanding and managing adverse action claims brought by employees who exercise a workplace right, make a complaint, take protected leave, or are union members. General protections provisions carry no cap on compensation, include a reversal of the burden of proof, and apply even where employment has not been terminated. LevelUp advises on how to make management decisions that cannot be successfully characterised as adverse action.
Adverse Action
Identifying, avoiding, and responding to adverse action allegations under the Fair Work Act 2009. Adverse action includes dismissal, injury, alteration of position, and discrimination, and it can be alleged not just on termination but in response to any management decision. LevelUp helps employers document decision-making processes in ways that establish lawful, non-prohibited reasons, the critical protection against successful adverse action claims.
Flexible Working Arrangements
Assessing and responding to flexible working requests in compliance with the Fair Work Act 2009, which since 2023 requires employers to provide detailed written reasons for any refusal and to genuinely attempt to reach an agreement. Employees with 12 months’ service who are parents, carers, have a disability, are 55 or over, or are experiencing domestic violence now have the right to request flexible arrangements. Disputed refusals can be arbitrated by the Fair Work Commission. LevelUp advises on genuine assessment and compliant responses.
Sexual Harassment
Understanding and operationalising the positive duty to eliminate sexual harassment under the Sex Discrimination Act 1984, which since December 2022 requires employers to take reasonable and proportionate proactive measures, not just respond to complaints. LevelUp conducts positive duty gap assessments, develops policy and training frameworks, and advises on managing sexual harassment complaints in a way that is procedurally fair and legally defensible.
Stop Bullying Applications
Responding to stop bullying applications lodged with the Fair Work Commission by employees who claim to have experienced repeated unreasonable behaviour creating a risk to health and safety. LevelUp advises on conducting a genuine investigation, preparing the employer’s response to the Commission, and designing and implementing workplace interventions that resolve the underlying conduct and reduce the risk of a formal order.
Consultation
Meeting consultation obligations when making significant changes to the workplace, including redundancies, restructures, roster changes, and technology implementations. Consultation obligations exist under the Fair Work Act 2009, applicable Modern Awards, enterprise agreements, and work health and safety legislation. Failure to consult can invalidate a redundancy and expose employers to unfair dismissal liability. LevelUp designs and manages consultation processes that meet legal requirements and maintain employee trust.
Redundancy
Managing genuine redundancy processes that comply with the Fair Work Act 2009 and minimise legal risk. A genuine redundancy requires that the employer no longer requires the job to be performed by anyone, that consultation obligations have been met, and that redeployment was not reasonable. LevelUp manages the full redundancy process, from initial planning and consultation design through to termination letters and separation entitlements, ensuring each step is documented and defensible.
Misconduct
Managing misconduct investigations and show cause processes that are procedurally fair, well-documented, and defensible. LevelUp designs and manages misconduct processes across the spectrum, from minor policy breaches through to serious misconduct warranting summary dismissal. We advise on the elements of a valid reason for dismissal, design the show cause process, draft all correspondence, and help decision-makers reach conclusions that will withstand Fair Work Commission scrutiny.
WHS Obligations
Understanding employer obligations under the Work Health and Safety Act 2011, in particular the duty to manage psychosocial hazards, which has been significantly strengthened across Australian jurisdictions in recent years. LevelUp advises on the intersection of employment law and WHS, including managing workers returning from psychological injury, dealing with stress-related complaints, and designing workplace systems that address both employment law and WHS obligations.
Frequently Asked Questions
Common questions about employment law support consulting in Australia.
What is the difference between unfair dismissal and general protections?
Unfair dismissal occurs when an employee is dismissed in a manner that is harsh, unjust or unreasonable. The focus is on whether the dismissal itself was fair. General protections (also called adverse action) applies when an employer takes action against an employee because they exercised a workplace right, such as making a complaint, taking sick leave or being a union member. Both are claim types under the Fair Work Act 2009, but they have different thresholds, timeframes and remedies. General protections claims carry no cap on compensation and reverse the onus of proof, which makes them potentially more serious for employers.
How quickly must an employee lodge an unfair dismissal claim?
An unfair dismissal application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict timeframe and extensions are rarely granted. The Commission requires exceptional circumstances. If you receive an unfair dismissal application, contact LevelUp immediately to assess your position, prepare your response and understand your options. Early engagement significantly improves outcomes in conciliation.
What is a genuine redundancy?
A genuine redundancy under the Fair Work Act 2009 requires three conditions: the employer no longer requires the job to be performed by anyone; the employer complied with any consultation obligations in the applicable Modern Award or enterprise agreement; and it was not reasonable in all the circumstances to redeploy the employee within the enterprise or an associated entity. If any of these conditions is not met, the dismissal may be found unfair. LevelUp designs redundancy processes that satisfy all three elements and documents each step to protect the employer’s position.
What is the positive duty to prevent sexual harassment?
Since December 2022, the Sex Discrimination Act 1984 has imposed a positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, victimisation and hostile workplace conduct. This is a proactive obligation. Employers must act before complaints arise, through policies, training, reporting mechanisms and leadership accountability. Since December 2023, the Australian Human Rights Commission has had the power to investigate and enforce compliance with the positive duty. LevelUp conducts positive duty gap assessments and builds prevention frameworks your leaders can actually run.
Do I need a lawyer for employment law matters?
Not always. LevelUp’s employment law support service handles the majority of common employer-side matters: terminations, Fair Work Commission conciliations, flexible working assessments, redundancy processes, misconduct management and positive duty compliance. For complex litigation, matters with significant legal liability, or where legal professional privilege is important, LevelUp works alongside legal counsel, providing the HR management expertise and operational context that strengthens your legal position and reduces overall cost.
What happens at a Fair Work Commission conciliation?
A conciliation is a confidential, facilitated negotiation conducted by a Fair Work Commission conciliator where the employer and employee attempt to resolve the dispute without a formal hearing. The conciliator does not make binding decisions. They help the parties reach agreement. Most unfair dismissal applications resolve at conciliation. LevelUp prepares employers for conciliation by assessing the merits, advising on the appropriate commercial response, and attending to provide real-time support throughout the process.
Can an employee claim unfair dismissal if they resigned?
Yes. This is called constructive dismissal. An employee can argue they were forced to resign due to conduct by the employer that made continued employment unreasonable, and that the resignation should be treated as a dismissal. Common situations include demotion, significant changes to duties or pay, failure to address workplace bullying, or ultimatums about working arrangements. The risk is managed in how the situation is handled before the resignation, not after.
What are the risks of misclassifying an employee as a contractor?
Misclassifying an employee as an independent contractor carries serious legal and financial consequences. The Fair Work Act 2009 prohibits sham contracting and allows misclassified workers to recover unpaid entitlements including minimum wages, annual leave, personal leave, superannuation and notice of termination. Since 26 August 2024, the Fair Work Act applies a whole of relationship test that looks at the real substance and practical reality of the arrangement, not just the written contract. The sham contracting defence has also been tightened from recklessness to reasonable belief. LevelUp reviews contractor arrangements and advises on compliant restructuring options.
Further reading
From the LevelUp article library.
Related Practice Areas
LevelUp’s expertise in employment law support connects closely with these disciplines.
Human Resources
Strategic HR advisory and hands-on execution. Built with you, not handed to you.
Industrial Relations
Expert IR advisory for enterprise bargaining, Modern Awards, and Fair Work compliance.
Workplace Investigations
Independent, procedurally fair workplace investigations conducted by experienced specialists.
Safety & Compliance
Practical WHS advisory and compliance solutions built for how sites actually run.
Need employment law support support?
LevelUp provides expert employment law support consulting across Australia. Let’s talk about your specific situation.