Industrial & Employment Disputes

EMA Legal works proactively with employers to manage industrial and employment disputes and minimise the adverse effects of litigation. We encourage employers to engage us early so that we can advise on risk minimisation and stop disputes escalating. When an employer is faced with litigation, EMA Legal’s lawyers have broad experience in all courts and tribunals and consistently achieve successful, commercially focused outcomes. We know that disputes take an enormous toll on time that is precious to our clients, so we work tenaciously to advance their interests.

We look to resolve matters quickly where appropriate, through effective mediation and actively pursue favourable settlement options. If court action is required, EMA Legal have the most experienced employment litigators in South Australia.

We act in all employment and industrial disputes, such as:

  • Breach of contract claims
  • Unfair dismissal and general protections matters in the Fair Work Commission, Federal Circuit Court and the Federal Court
  • Return to work (workers compensation) disputes and claims management advice
  • Prosecutions and investigations by statutory authorities: Safe Work SA and the Fair Work Ombudsman.
  • Underpayment claims
  • Claims arising out of alleged discrimination, general harassment and sexual harassment
  • Workplace, Health & Safety claims
  • Defending employers who face prosecutions brought by the Fair Work Ombudsman
  • Claims in tort, such as workplace defamation and personal injury
  • Representation during the negotiation and approval process of enterprise agreements, and disputes arising under those agreements
  • Restraint of trade and matters concerning the use and protection of confidential information
  • Professional misconduct and discipline matters
  • The recovery of assets misappropriated by employees
Key Contact: Kaye Smith