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Confidently resolve employee misconduct or misbehaviour.

Has one of your employees been accused of bullying, sexual harassment, theft, or disobedience?

JFM Law will help you investigate the alleged behaviour so you can confidently take decisive action. You will either bring the employee back into line or move them on, without exposing yourself to a claim for unfair or unlawful dismissal.

With harmony restored to your workplace and your reputation intact, you can get back to business.

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Ensure the safety of your team.
Avoid costly unfair dismissal and unlawful termination claims.
Protect the reputation of your business.
Restore harmony to your workplace.

Most employers don’t know how to react when one of their employees is accused of poor behaviour or even serious misconduct.

What responsibility do you have to your other team members to take action? What process do you need to follow to ensure your employee has not been unfairly accused? Is the conduct serious enough to justify immediate dismissal?

JFM Law will help you assess whether the behaviour justifies a warning or termination. We will ensure you strike the right balance between protecting your other employees and clients from harm, and giving the accused employee a fair chance to explain themselves.

After you have confidently taken appropriate action, you can relax again, with your reputation intact and harmony restored to your workplace.

Call 1300 88 23 86
Speak to a lawyer

Disobedience, sexual harassment, bullying, theft…

You’ve been approached with an allegation that one of your employees has engaged in inappropriate behaviour, such as bullying or harassment, or potentially even serious misconduct, such as theft, fraud or endangering someone’s health. Or perhaps they are simply not complying with the reasonable directions of their manager.

On the one hand you have an obligation to keep your team and clients safe from this type of behaviour. On the other hand, you need to ensure that the accused employee is not being set up and has a fair chance to explain themselves.

You need to walk a fine line.  Can you assess whether the behaviour really occurred, and if it did, whether it justifies terminating the employee or just a stern warning?

Are you able to properly balance the competing interests of protecting your wider team and clients, and ensuring the accused employee is treated fairly and does not come back at you for unfair dismissal or unlawful termination?

As the boss, you have an obligation to protect your team, and to protect the reputation of your organisation. You need to remove this distraction from your workplace, so you can get on with looking after your own clients.

You should be able to take action, confidently and decisively.

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A rogue employee shouldn’t be able to distract your business and put your reputation at risk.

Whatever action you take, your reputation is on the line.

If you don’t act decisively to protect your team and clients from this employee’s behaviour, you may be liable for a workplace claim or injury, or even a claim from a third-party.

But if you don’t give the accused employee a fair chance to explain themselves, you could be liable for unfair dismissal, or even worse, a ‘general protections claim’ for breach of a workplace right.

Even the biggest employers in the country routinely get this process wrong. They end up losing unfair dismissal claims in court – and pay large penalties. You need someone on your team who can help you fulfil your obligations, limit your liability, and get the best outcome.

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“Would definitely rate this firm as one of Sydney’s leading law firms and would highly recommend them to anyone in need.”

Linda Sande, NSW

How we can help

We will help you identify the relevant behaviour, undertake an appropriate investigation, and then take the necessary action – either in the form of a warning or behaviour improvement plan, or termination of the employee.

We will guide you through a proven process to balance the competing interests of protecting your wider team and clients, and ensuring the accused employee is treated fairly.

We will ensure you miminise the chances of a claim for unfair dismissal or breach of the accused’s workplace rights.

By following our clear process and guidance, you will be able to act confidently and decisively. You will protect your team from harm, your organisation from costs, and your reputation from irreparable damage.

With this costly distraction removed from your workplace, you and your team will be able to safely get on with looking after your own clients.

Call 1300 88 23 86
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Industry experts estimate that the cost of not addressing these issues is around $200,000, while the cost of taking action is usually around $12,000. The cost of turning over an employee is estimated to be between 50% and 200% of their annual salary, depending on the nature of the role.

If you don’t properly address the poor behaviour or serious misconduct of one of your employees, this is going to have an impact of the rest of your team. What impact? Industry experts estimate the following likely impact:

%

Suffered from lost time at work.

%

Reduced effort while at work.

%

Felt less committed to their employer.

%

Intentionally spent less time at work.

%

Actually left their employer.

Our Decisive Workplace Investigation Process

Follow these simple steps to get back to business. Let’s get started.

Contact

You speak directly to an expert employment lawyer. We help you understand the issues, clarify what you need to do, and address any specific concerns you may have.

Plan

We provide you with a written summary of advice, including what actions and strategies we recommend you take to achieve the best outcome.

Investigate

We investigate the allegations, prepare a confidential report about whether allegations have been substantiated, and our recommended actions to resolve.

Resolve

We work with you to appropriately respond to the behaviour or misconduct. We advise you at every step to ensure you minimise risk and get the best outcome.

Don’t expose your business to avoidable claims. Take decisive action today.

Call 1300 88 23 86
Speak to a lawyer

Our Team is fiercely on your side

You’ve worked hard to attract and build a team to support the growth and success of your organisation. You realise that maintaining a happy and productive culture is key to keeping your best and brightest. A rouge employee represents a real threat to this delicate balance.

We understand that your reputation depends on maintaining a safe, productive and fair workplace. Like you, we get frustrated when a rogue employee threatens the harmony of your team.

Over the past 20 years we have helped countless business-people just like you effectively and decisively deal with employee misbehaviour and misconduct.

Working as an extended part of your team, we ensure that you manage your legal obligations during an investigation and disciplinary process, including a termination of employment.

Jake Walsh

Jake Walsh

Lawyer

Email: jake@andreyev.com.au
Ph. 0450 645 990
Daniella Carling

Daniella Carling

Lawyer

Email: daniella@andreyev.com.au

Ph. 0420 637 188

Our team will work hard to make sure you are supported, while together we investigate and resolve the situation.

We understand you want to know the cost to get us involved, before we get started.

We will take the time to understand what you are dealing with, including reviewing the documents you send through to us.

We will then send you a clear and detailed Work Proposal setting out how we can help, and what each stage will cost.

Our fixed fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Call 1300 88 23 86
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​​How to avoid unfair dismissal claims if you have a poor performing employee​

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Solution brief: Managing leave

A guide for employers. Annual leave What is annual leave? All full-time employees are entitled to at least four weeks of paid annual leave each year. Part time employees are entitled to a proportion of their leave entitlement on a pro rata basis. Casual employees are...
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Solution brief: Managing Poor Performance and Misconduct

A guide for employers What is poor performance? Poor performance is a consistent failure on the part of an employee to complete their work to the required standard. It requires managers to look at the quality of the work being done by the employee. It could involve...
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Solution brief: Performance Management and Termination

A guide for employers Termination during the qualifying period The basics Employees have a ‘qualifying period’ that lasts for the first six months of their employment. If they are dismissed in this period, they cannot make an unfair dismissal claim. Employees who are...
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Solution Brief: Appearing Before the Fair Work Commission

A guide for employers. What is the Fair Work Commission? The Fair Work Commission is a workplace relations tribunal. While it has many functions, its key responsibility as far as employers are concerned is its ability to hear and adjudicate disputes between employers...
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“The best employment lawyers around! Fast, expert advice that enabled me to scale my business without making mistakes. They helped me navigate difficult situations when hiring and firing staff. I highly recommend this firm.”

Matt Cameron

Our Great Lawyer Guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.​

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we’re good at. You can be confident that we know what we’re doing and don’t pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents,
we provide a fixed or capped quote so you don’t take price risk. If you’re in a dispute, we map out the process and costs so you know what to expect.

It’s your show

We’re not in this for our egos. We’re in it for a front row seat to witness your success.

Above all, we promise to always be fiercely on your side.

Call 1300 88 23 86
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About Us

JFM Law delivers actionable legal advice that helps successful business owners and their families to thrive.

Our goal is to empower you to make the best decisions you can – for yourself and your business.

As your fiercest ally, we give you the confidence and support to minimise risk and seize every opportunity.

We help resolve employment law issues – efficiently and fairly.

 

Contact Us

If you would like a confidential chat with one of our experienced licencing lawyers, please get in touch.

We would love to be part of your team.

1300 88 23 86
Call 1300 88 23 86
wehelp@jfmlaw.com.au
Email us

Most employers don’t know how to react when one of their employees is accused of poor behaviour or even serious misconduct, such as bullying, sexual harassment, theft, or disobedience.

JFM Law will help you investigate and assess whether the behaviour justifies a warning, behaviour improvement plan, or termination. You can then confidently take decisive action.