Workplace Misconduct Allegations

Workplace Misconduct Claims:
Legal Advice & Representation

Workplace Misconduct

Employment Law

Anderson Legal helps employers and employees who need assistance with workplace misconduct issues.


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Workplace Misconduct Claims

Disciplinary Processes Australia

Employer Advice & Representation

Any business or organisation should ensure that appropriate policies and procedures are in place to properly deal with misconduct issues. Misconduct by employees, even if it occurs outside of work, can cause reputational damage and conflict within the workplace. Understanding the legal risks when dealing with workplace misconduct assists to minimise the risk of successful claims by employees and others.

If you are an employer or business operator dealing with a workplace misconduct issue and need advice, Anderson Legal offers comprehensive legal services with respect to workplace misconduct allegations.

For Employers

Employee Advice & Representation

Workers at all levels can be the subject of workplace misconduct allegations. Just as misconduct can cause harm to individuals and businesses, unfair misconduct allegations can wrongly ruin reputations and livelihoods. If you are an executive, manager, employee or worker facing a misconduct allegation in your workplace, it is critical to get informed about your rights, responsibilities and legal options.

If you wish to obtain expert advice and representation about a workplace misconduct issue you face, Anderson Legal has the expertise and experience to guide you at every stage.

For Employees
  • Code of Conduct Breaches
  • False Misconduct Allegations
  • Misuse of Property Allegations
  • Sexual Harassment Allegations
  • Work Health & Safety Breaches

Specific Workplace Misconduct Issues

It is not uncommon for workplace misconduct allegations to be contested. Often when a misconduct allegation is disputed, a workplace investigation is commenced to establish the truth of the issue, so far as is possible. Workplace misconduct presents risks for employers and employees alike and when wrongly handled, exposes individuals and businesses to successful claims in courts and tribunals.

Workplace misconduct that is substantiated can lead to a range of outcomes. It is the reason why it can be critical for both employers and employees to get urgent legal advice when dealing with such issues.

Specific Issues

Employment Law Expertise

Employment law issues demand lawyers to possess more than just a knowledge of law and procedure. Workplace disputes and issues are generally wrapped up with other considerations – reputational risks, commercial realities, and opportunity costs. An experienced employment lawyer can provide early and authoritative advice about the options available to deal with an issue and guidance with the path forward.

Anderson Legal is a law firm that has the expertise and experience to provide employment law services to both employers and employees, including with respect to workplace misconduct. If you need a workplace misconduct lawyer, there are many reasons why Anderson Legal should be your preferred choice:

  • Andrew Anderson, Legal Director, is an experienced lawyer who has been independently described by the Courier Mail as “one of the best legal minds” and a “leading corporate and white-collar crime lawyer” (16 December 2021).
  • Having successfully represented litigants in the High Court of Australia, Royal Commissions, Fair Work Commission and multiple other courts and tribunals, Andrew Anderson has a demonstrated record of success in complex and difficult cases.
  • Prior to operating a law firm, Andrew Anderson worked as a Principal Crown Prosecutor in Queensland and barrister in private practice at 8 Petrie Terrace Chambers in Brisbane. His depth of courtroom advocacy experience ranges from straightforward employment law claims right through to complex trials and appeals.
  • Anderson Legal is a law firm that is dedicated to the best ideals of the legal profession. Seeking to exceed client expectations and fighting for justice is an everyday pursuit.

The potential impact of workplace misconduct allegations on reputations, relationships, and livelihoods makes it critical to have a workplace misconduct lawyer who is equal to the task. If you need a workplace misconduct lawyer in Brisbane to provide you or your business advice or representation, contact this firm.

On-Demand Resources

On-Demand Resources

On-Demand Resources

ImageTitleOverviewcategories_hfiltertags_hfilter
Workplace Investigation OptionsThe different types of workplace investigations reflect the differing needs employers have in investigating issues in the workplace. Understanding the role and purpose of different types of workplace investigations is critical for business operators and managers, as inapt investigations can lead to unnecessary disputes.Viewdisciplinary-processes workplace-investigationsworkplace-investigations
Managing Employee Recruitment Risks – AustraliaThe legal risks for employers during recruitment processes are not always fully considered until an issue emerges. Risks are present at every stage of the recruitment process, from the nature of the role itself to advertising, interviewing, selecting, and agreeing on an employment contract.Viewemployment-contractsrecruitment
Steps in Workplace InvestigationsThe steps in workplace investigations relate to procedural fairness. In Australia, disciplinary decisions based on unfair workplace investigations may be challenged and decisions reversed. The risk of an unfair workplace investigation derailing a disciplinary process may be minimised by early advice from an experienced employment lawyer.Viewdisciplinary-processes workplace-investigationsworkplace-investigations
Unfair Dismissal Claims – Success Rates & OutcomesIf an unfair dismissal claim is successful, the Fair Work Commission may order a person's reinstatement or the payment of compensation. The decision as to whether reinstatement or compensation is awarded is a discretionary decision based on what the Commission considers to be just outcome.Viewemployment-lawunfair-dismissal-claims
Summary DismissalExcept in cases of serious misconduct, most employers are required to give notice to employees if they are dismissed from their job. The applicable notice period can vary based on the length of service, age of the employee, and may be extended by agreement under an employment contract.Viewdisciplinary-processes employment-contractssummary-dismissal
National Employment Standards – NESIn Australia, 11 minimum employment entitlements must be provided to all employees covered by the National Employment Standards (NES). These 11 minimum employment entitlements will protect full-time and part-time employees if their job falls under the national workplace relations system (i.e., Fair Work Act 2009 (Cth)).Viewemployment-contractsnational-employment-standards
Workplace Probation PeriodsProbation periods are standard in employment contracts in Australia. The fact that they are common should not mean that employers or employees should 'take as a given' their purpose or consequences. Probation period clauses in employment contracts vary, meaning they should always be reviewed and understood.Viewemployment-contractsprobation-periods
Responding to False Sexual Harassment Allegations at WorkAnybody who believes they are subject to false or wrongful sexual harassment allegations should get urgent legal advice due to the potential consequences of such claims. Employers may be vicariously liable for sexual harassment that occurs in a workplace unless they have taken "all reasonable steps" to prevent it.Viewemployment-law sexual-harassmentfalse-allegations
Responding to False Bullying Allegations at WorkMany people who face bullying complaints at work are managers in one form or another. However described, executives, managers, or small business owners all have as part of their role the task of managing the conduct and performance of others. It is not uncommon for performance management issues to lead to allegations of bullying.Viewemployment-law workplace-bullyingfalse-allegations
Responding to a Show Cause LetterA show cause letter is meant to provide an employee with an opportunity to explain (show cause) why they should not face disciplinary action within the workplace. The failure to give employees a chance to 'show cause' why the disciplinary action is unjustified can see decisions overturned or compensation awarded.Viewdisciplinary-processes employment-lawshow-cause-letters
Responding to a Workplace Investigation into Bullying ComplaintsFacing a workplace investigation into a workplace bullying complaint can leave people feeling stressed, uncertain and isolated. Getting informed about how you may respond to a workplace bullying complaint, as well as your rights, responsibilities and options is essential for anybody facing an issue of this kind.Viewworkplace-bullying workplace-investigationsworkplace-bullying workplace-investigations
Responding to a Workplace Investigation into Sexual HarassmentSexual harassment complaints often result in formal workplace investigations. Generally, Australian laws define sexual harassment as involving (1) unwelcome conduct of a sexual nature; (2) the conduct leaves the person feeling offended, humiliated or intimidated; and, (3) the reaction of the person is reasonable in the circumstances.Viewsexual-harassment workplace-investigationssexual-harassment workplace-investigations
Responding to Unfair Written Warnings at WorkIn Australia, employers may issue a written warning to ensure procedural fairness. The failure to give employees a chance to fix underperformance or some misconduct can see successful unfair dismissal claims made against employers. An unfair written warning may afford no protection against an unfair dismissal claim.Viewdisciplinary-processes employment-lawwritten-warnings
Workplace Grievance ExamplesAn employee may raise a workplace grievance with their employer if they have suffered an alleged violation of their rights or entitlements due to the conduct or decisions of another person. It may relate to a breach of law, standards, awards, agreements or workplace policies, which the employee considers unjustified, unfair, or unreasonable.Viewdisciplinary-processesgrievances procedure
Steps in a Disciplinary ProcessThe steps in disciplinary processes relate to procedural fairness. In Australia, unfair disciplinary processes may be challenged and decisions reversed. Employers and employees both face risks when dealing with a disciplinary process, which may be minimised by early advice and assistance from an experienced employment lawyer.Viewdisciplinary-processesprocedure
Grievance Handling PolicyA grievance policy explains the process and procedure followed by a business or organisation to resolve grievances or complaints against an employee. A grievance handling policy ought to outline the standard procedures for expeditiously resolving complaints and set out the rights and responsibilities of employees at every level.Viewdisciplinary-processesgrievances procedure

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Can We Help?

It costs nothing but time to see if we are the right firm for your case. Contact us to see if this firm can assist you.

This firm offers a ‘free consultation’. The reason is simple – it shouldn’t cost anything for a person to pick up the phone and understand if a particular law firm can help them or not. Anderson Legal takes the time necessary to understand the issues and to determine if we are in a real position to provide the standard of advice and representation you are entitled to expect.

Our Clients

Our clients make our practice. They are the ones we worry about each day and to whom we owe a great obligation.

Our clients often have sought out Anderson Legal because they have been told something about expertise and experience. They put their faith and trust in the work of this firm. Professional reputation follows reality and not the other way around. Andrew Anderson, Legal Director, offers our clients a proven track record of success in complex and challenging cases across all court levels, including multiple appeals before the High Court of Australia.

Cost Comparisons

Comparing lawyers is not just a question of price but value. Backed by the experience of successful courtroom advocacy across Australia, this firm offers significant value to its clients beyond price.
It isn’t easy to compare lawyers. Past courtroom experience and outcomes achieved do provide some basis for comparison. Andrew Anderson has an enviable record of success in contested hearings, trials and appeals.

This firm is committed to providing premium legal services at competitive rates, but the price is only one measure of value. When you face a legal issue, particularly a complex one, there are other issues to consider.

As a lawyer who has achieved significant outcomes in various contexts – as a Principal Crown Prosecutor, barrister, and law firm principal – Andrew Anderson brings a different level of experience to his advice and representation as compared to most solicitors. While he routinely works with leading Queens Counsel and other specialist barristers in complex cases, his significant experience in litigating and resolving disputes in cases throughout Australia means his clients have genuine expertise available from the start.

This firm may use several fee options, either exclusively or at various stages. The purpose is to make legal fees predictable, understandable, and transparent. Options include ‘fixed fee’ agreements, ‘capped’ legal costs, and agreements where the costs are calculated on a ‘pay as you go’ basis.

Entering into costs agreements that are understandable and transparent allows this firm to remain focused on the outcomes our clients seek.

Our Referrals

If unfortunately, we cannot provide you with advice or representation, we will probably know who can.

The areas of law this practice handles are deliberately narrow and deep. Our deep focus on select areas of law allows this firm to handle some of the most complex and challenging cases that come before the courts.

It is not uncommon for this firm to receive enquiries we know will be better handled by others. In the interests of maintaining the highest standards, there are also occasions when cases we would otherwise welcome are declined to focus on existing clients’ needs. In such instances, we will try to identify who may be in a position to assist you.


Other Enquiries

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Office & Postal Address

Anderson Legal prioritises meetings via video-conferencing platforms where possible. In-person meetings are strictly by appointment only. The office and postal address for this firm is 5 / 2 Benson Street, Toowong, QLD 4066.