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Workplace Law

Our experienced Workplace Lawyers assist both employers and employees in relation to a broad range of Workplace issues.
Free Case Evaluation

Clear, concise, practical and timely workplace legal advice.

Employment Contracts & Restraints

Clear and enforceable written Employment Agreements enhance employee relations and protect goodwill and business value.
Unfair Dismissal

Unfair dismissal is when an employee is dismissed from their job and the dismissal is harsh, unjust or unreasonable.
Workplace Bullying & Harassment

Workplace bullying or sexual harassment occurs when a person repeatedly behaves unreasonably towards another worker and that behaviour causes a risk to health and safety.
General Protections / Adverse Action

The General Protection provisions of the Fair Work Act aim to protect the workplace rights of employees and eliminate workplace discrimination.
Work Health
& Safety

Maintain a safe workplace and manage the risk of prosecution, fine or imprisonment for breaches of duties under the Work Health & Safety Act.
Fixed Fee Employer Legal Documents Solutions

Legal Documents and Flowcharts for implementing Best Practices for engaging, managing and terminating employees.

I highly recommend Haydon Potter to anyone with any workplace issues they have.

I contacted Roberts Crosbie Mortensen Lawyers over a employment issue I had and needed advice. I was represented by Haydon Potter who was very professional and his understanding and knowledge of workplace law helped me understand my situation. He was always available for communication and advice on the matter helped guide me to a favourable outcome.

George Mitreski

From the very first phone call Haydon put me at ease with his friendly professional manner.

“I have been dealing with Haydon Potter about an employment matter that was very worrying to me. The way in which he dealt with my information was amazing and his advice was invaluable. Haydon was easy to get hold of when I needed to and was prompt and attentive each time. I am pleased to say that I have a favourable outcome from the matter and would not hesitate to recommend his services to all.”

Tracey Hicks

I cannot recommend the employment law team from Roberts Crosbie Mortensen enough!

“Haydon, Mitchell and Emily were so friendly and genuine to deal with. They made sure I understood every step of my process, as well as provided top notch assistance at the drop of a hat. I am so thankful I had them during my ordeal and for anyone needing an excellent employment lawyer, Haydon and his team are the very best!!”

Tahnee Marsh

Not only is Haydon exceptional at his job, he is a genuinely kind person.

“If I could leave Haydon Potter a 10-star review I would! After a very disappointing and frustrating experience with an alternate legal service, I was not confident that my workplace matter could be resolved efficiently or cost-effectively. I am so pleased that I persisted with the matter and that Haydon was assigned to my case. He got proceedings moving from day one and continued to keep the momentum going until the matter was resolved appropriately. Haydon is super knowledgeable and provided various options to proceedings, he was only ever a phone call or email away. Thank you so very much Haydon!”

Becky Mungoven

They were fast, efficient and provided timely and accurate legal advice.

“Haydon & Felicity have been outstanding in assisting me with a recent matter. I would absolutely recommend them to anyone looking for professional, legal advice.”

Tarryn Mathie

Haydon Potter and the team at Roberts Crosbie Mortensen Lawyers are very professional.

“Haydon Potter and the team at Roberts Crosbie Mortensen Lawyers are very professional and helped me through a very difficult protected action case against my former employer.”

Garth Blewitt

The service was professional and very efficient.

“Medical Foot Care was exceptionally pleased with the services offered by Roberts Crosbie Mortensen, specifically Hayden Potter, for a work related matter which resulted in an awesome outcome for the business. Would highly recommend their services for all work related issues where legal representation is needed.”

Gerard Zammit
Medical Foot Care

Ultimately, a positive result was achieved for which I am truly grateful.

“I engaged Haydon Potter from Roberts Crosbie Mortensen for an issue relating to employment law. Haydon’s subject knowledge, advice, responsiveness and professionalism were second to none. I am more than happy to recommend Roberts Crosbie Mortensen Lawyers. Thanks again.”

Katrina Burrell

The outcome achieved was almost unthinkable.

“Thankyou for the finalisation of this matter and in reflection I would like to say that without your encouragement and support to proceed with my case I would not have achieved this outcome. I would like to thank you personally, but also the great team that you used at Roberts Crosbie Mortensen, they always made me feel as comfortable as possible.
The outcome achieved was almost unthinkable when I embarked on this, and I feel that I received a fair settlement and outcome. The investment in the early stages was a concern but as the case unfolded and the amount of effort you put into strategically analysing the best way forward, with the outcome negotiated I received an excellent return on my investment.
I will certainly recommend yourself and Roberts Crosbie Mortensen to all associates and colleagues that find themselves in need of professional legal services.”

Greg Albert

I’ve had an excellent experience in my dealings with Roberts Crosbie Mortensen Lawyers.

“Both Haydon and Amanda have offered my business excellent and timely advice on several matters.”

Mitchell Jones

I would recommend Roberts Crosbie Mortensen Lawyers.

“A big thank you to Haydon Potter at Roberts Crosbie Mortensen Lawyers. A very thoughtful and timely discussion as part of a free consultation.”

Andrew D

Haydon’s advice allowed us to make the right decision and we would highly recommend his services.

“Following our initial enquiry Haydon Potter contacted us within an hour having read and understood the various documents we had sent him. Haydon provided clear and concise advice and explained the options available for our case.”

Louise G

Would highly recommend Haydon.

“Had the pleasure of working with haydon, everything was spot on from start to finish.”

Bradyn Perryfonua

Excellent service for a recent legal matter.

“Haydon was very efficient and first rate with his communications. Should the need arise I highly recommend Robert Crosbie Mortensen Lawyers to assist you.”

Wayne Hindson

Highly recommend using Roberts Crosbie Mortensen.

“Mitchell Hickey acted for me and achieved a very good result whilst being very caring and extremely professional, and communicated in a very timely manner.”

Lynette Cole

I really didn’t know how to put into words how incredible Haydon has been as my lawyer.

“It has taken me way longer to write this review than it should have, the reason being, I really didn’t know how to put into words how incredible Haydon has been as my lawyer over the last few months. He has been patient, kind and understanding, he is so knowledgeable in employment law and he has put my best interests ahead of anything else. I went into my first appointment with Haydon hoping to find a good lawyer. I found a GREAT lawyer but I also found a good person and a good friend. I cannot thank Haydon enough for everything.”

Emily Ostler

I had a result in a short turnaround and am now feeling more at ease.

“I was referred to Roberts Crosbie Mortensen, specifically Haydon Potter by a colleague of mine as I was going through a but of a rough patch with an ex employee. Haydon was responsive and professional on every occasion we had liason. Thank you Haydon for your assistance.”

Jenny Pither

I would recommend Haydon and wish the very best for his future.

“I am very pleased with the legal service provided by Haydon Potter.

He has acted in the best interest of the client which is for justice and fairness to be upheld in a challenging situation.

From the start, he always listened to client’s needs, is very understanding to client’s situation, offers sound and practical legal advice, keeps things forthright and clear, and communicates promptly. I can rest assured the matter is in good hands.”

Your service, communication and professional standards were beyond reproach.

“Haydon is a credit to the Company and I will refer any business opportunities where I can. I would like to take this opportunity to say thankyou for your assistance.

At every instance I was kept up to date with proceedings for which I found a great comfort and reassurance.

With your ‘easy to get along with’ style, professional at every step, made this stressful process for me less enduring to take on many levels – for this I thank you.”

Wayne B

Would highly recommend Roberts Crosbie Mortensen.

“Would highly recommend Roberts Crosbie Mortensen, they have provided valuable support and advice!

We have been extremely pleased with the services provided, we have no hesitation referring Roberts Crosbie Mortensen to other business associates.”

Patrick C

Workplace Services

Our Employment Lawyers and Work Health & Safety Lawyers assist both employers and employees with a broad range of workplace issues.

We advise and assist clients in relation to Employment Contracts, workplace rights and general protections under the Fair Work Act, Modern Awards and Enterprise Agreements, Workplace Policies, performance management and terminations, unfair dismissal claims and workplace disputes.

We also assist company directors and managers to fulfill their duties of care and due diligence under the Work Health & Safety Act; manage workplace incidents and injuries; and provide advice and representation in relation to WHS investigations and prosecutions.

How We Help

We help Employers to protect their interests and Employees to enforce their rights.

We understand and value the importance our clients place on establishing and maintaining cohesive, constructive employment relationships and safe working environments.

In an area of law that is constantly changing we provide you with clear, concise, practical and timely legal advice to enable you to make informed workplace decisions and manage workplace risks and incidents.

 

Free Case Evaluation

Get answers fast and make workplace decisions with confidence.

We regularly advice employers, employees and company directors in relation to Workplace legal issues including:
  • Employment Contracts
  • Executive Service Agreements
  • Independent Contractor Agreements
  • Enterprise Agreements
  • Workplace Policies
  • Compliance & Modern Awards
  • Restraints of Trade & Confidentiality
  • Performance Management
  • Terminations of Employment
  • Unfair Dismissal Claims
  • Workplace Bullying & Harassment
  • Workplace Rights & Adverse Actions
  • General Protections Claims
  • WHS Training & Risk Management
  • WHS Compliance Audits
  • WHS Incident Management
  • WHS Investigations & Prosecutions

Empower your business to manage employment issues quickly and with confidence.

Employer Legal Documents Solutions

Legal Documents and Flowcharts for implementing Best Practices for engaging, managing and terminating employees.

From $3,300 Fixed Fees
View Solutions

Employment Law Guide

Best Practices for engaging, managing & terminating employees. What every employer needs to know.

Download Free Guide View eGuide

Work Health & Safety Guide

An introduction to PCBUs’ duty of care and Officers’ duty to exercise due diligence under the Work Health & Safety Act NSW (2011).

View eGuide

Meet Our Workplace Law Team

Phil Blaxell

Special Counsel
Sydney

Phil is an experienced Litigation Lawyer with a track record for winning cases and advocating strongly for his clients.

Jack Lindgren

Senior Associate Solicitor
Accredited Specialist (Commercial Litigation)
Newcastle

Jack is a specialist Commercial Litigation Lawyer adept at resolving complex commercial disputes, with a focus on Professional Negligence, Building & Construction, Employment and Insolvency related claims.

Haydon Potter

Senior Associate Solicitor
Newcastle

Haydon specialises in employment law and heads our Workplace Team. He has a talent for assisting employers and employees to navigate complex industrial relations laws and disputes.

Isabella Hudson

Solicitor
Newcastle

Isabella is a determined and energetic Commercial Litigation Lawyer who aspires to provide every client with a positive legal experience.

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How to terminate an employee and avoid an unfair dismissal claim: Best practices for avoiding unfair dismissal applications

An unfair dismissal occurs where an employee is dismissed from their job and the dismissal is harsh, unjust or unreasonable.

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How to best Protect your Business’ Confidential Information from Rogue Employees

The employee/employer relationship is extremely complex and typically involves the employer placing a great amount of trust in the employee from an early stage.

21 Nov, 2022
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Who Can Bring a Claim for Unfair Dismissal and How is Compensation Calculated?

The law relating to unfair dismissal claims is contained in the Fair Work Act 2009. Unfair dismissal claims are commenced by filing an Unfair Dismissal Application with the Fair Work Commission. However, an Application can only be made within 21 calendar days of the date the dismissal takes effect.

23 Nov, 2023
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(Secure Jobs, Better Pay Bill) 2022 – Amendments to Bargaining & Enterprise Agreements

This article is the third part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on the amendments to enterprise bargaining and agreements.

14 Dec, 2022
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(Secure Jobs, Better Pay Bill) 2022 – Amendments to the Building & Construction Industry

This article is the second part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on the amendments to the building and construction industry and addresses the considerations for employers in this industry.

14 Dec, 2022
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(Secure Jobs, Better Pay) Bill 2022 – What Does it Mean for Employers?

This article is the first part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on what the changes mean for employers.

14 Dec, 2022
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Terminate or Transfer Employees in a Sale of Business?

It is critical for all parties to a sale of business transaction to understand their legal rights and obligations in relation to existing employees of the business and the financial cost of termination and/or transferring of employment.

17 Jun, 2022
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Made Redundant? Can Employers Reduce an Employee’s Redundancy Payment?

Redundancy occurs when an employer no longer requires an employee’s job to be performed by anyone because of changes in the operational requirements of the business and consultation with the employee has occurred.

14 Apr, 2022
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Employment Lawyers’ Top 3 Principles for Effective Employee Management

Based on my experiences dealing with employee related claims and disputes, find out my top 3 tips for employers wishing to avoid legal problems relating to their employees.

23 Feb, 2022
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When are Casual Employees Entitled to Become Full Time Employees?

Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so.

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Frequently Asked Questions

What is a Free Case Evaluation?

A Free Case Evaluation is a 15-minute free phone call with an experienced Solicitor that is best matched to your type of enquiry. In this call it will be identified how we can help you and next steps required to progress your matter. This is an obligation free, complimentary phone call.

How do I book a Free Case Evaluation?

You can call us on 1300 553 343 or complete a Free Case Evaluation request form.

What happens after the Free Case Evaluation?

At the end of the Free Case Evaluation your Solicitor will advise in writing what is required in order for us to start work on your matter. This will generally include signing a Legal Services Agreement, depositing money into our Trust Account, providing documentation for review by the Solicitor, or perhaps scheduling a face to face or zoom appointment.

We will strive to ensure that right from the start and throughout the duration of your matter you will be kept aware of:

  • The actions we will take on your behalf,
  • The steps you need to take,
  • Any information you need to supply to us,
  • The timing involved and when delays may occur, and
  • A clear indication of the costs.
What is a Trust Account?

A Trust Account is a bank account in which we hold money on your behalf, usually as a deposit for the payment of future Invoices.  We are not permitted to use this money unless certain conditions are met.  Most law firms use a Trust Account to assist to manage the payment of legal costs.

When will I be asked to deposit money into your Trust Account?
  1. At the beginning of your matter,
  2. At intervals throughout your matter once the amount you have deposited into our Trust Account has already been used to pay Invoices and is not enough to cover the next stage of work, and
  3. For specific purposes, such as for payment to your former partner under Court orders or an agreement, or expenses we will need to pay on your behalf.
Why do you request that money be deposited into your Trust Account? 

We request that you deposit money into our Trust Account so that we can be certain that we will be paid for the work you have instructed us to do and/or so that we are not out-of-pocket for the expenses we pay to others on your behalf (e.g. Search fees, valuation fees, stamp duty, barristers’ fees).

What happens to the money in Trust when my matter is complete?

Money held in our Trust Account is held on your behalf. Subject to any lien we hold over the money to secure payment of our fees, money held in our Trust Account will be paid at your direction at any time. Upon completion of your matter and payment of our fees, money held in our Trust Account will, therefore, be paid to you or as you direct.

Do I need to pay money in advance?

In most cases, yes. We typically require that you have both signed the Legal Services Agreement with us and deposited the requested funds into our Trust Account before commencing work on your behalf.

The amount of money required to be paid in advance will be based on our estimate of costs work initially to be undertaken. This will be discussed with your Solicitor during your free case evaluation and confirmed in an Engagement Letter.

Who will be my lawyer?

A lot of factors are considered when pairing your enquiry with one of our Solicitors, however put simply, the Solicitor allocated to your matter will be one with the appropriate knowledge and skill to best assist you.

When do I pay into the Office Account and when do I pay into the Trust Account?

You will only need to pay money into the Office Account if you have an Invoice due where the amount is greater than the funds we have held for you in Trust.

How will my lawyer communicate with me?

All communication with our lawyers will be over the phone and email. Important correspondence will be contained in letters as PDF attachments to emails. This includes invoices. It is essential that you take the time to read all correspondence received by your lawyer and contact your legal team should you have any questions, require clarification, or need further information in order to understand.