HintonFlynn Legal primarily advises employers, business owners, HR professionals and managers on employment law and workplace relations matters.

No. It is a myth that an employer must give an employee 3 strikes (or warnings) before dismissing them. 

The appropriate process will depend on the circumstances. While warnings are often an important part of managing poor performance, particularly if an employee can access the unfair dismissal jurisdiction of the Fair Work Commission, the law does not prescribe a set number of warnings that must be issued before termination. 

An unfair dismissal claim focuses on whether:

• There was a valid reason for dismissal; and
• The employee was afforded procedural fairness.

A general protections claim examines whether adverse action was taken because an employee exercised a workplace right or possessed a protected attribute.

General protections claims can be more complex and costly because there is no compensation cap and the employer often bears the burden of proving the true reason for its conduct.

HintonFlynn Legal assists employers with:

• Employment contracts
• Workplace policies and procedures
• Performance management
• Unfair dismissal claims
• General protections claims
• Workplace investigations
• Bullying, harassment and discrimination matters
• Managing ill and injured workers
• Redundancies and restructures
• Award interpretation and award compliance
• Enterprise agreement interpretation and negotiations
• Resolving workplace disputes

Yes. HintonFlynn Legal advise employers on reducing the risk of general protections claims and represent businesses in Fair Work Commission proceedings.

Yes. HintonFlynn Legal advises on reducing the risk of unfair dismissal claims and represent businesses in Fair Work Commission proceedings.

Yes. HintonFlynn Legal provides practical advice on performance management, misconduct, workplace complaints, managing ill and injured workers, and employee exits.

Yes. HintonFlynn Legal assists employers to manage:  return to work issues, employees on long-term sick leave, when to request further medical information, reasonable adjustments and related employment law risks.

HintonFlynn Legal provides practical, commercially focused employment law advice. HintonFlynn Legal understands the challenges employers face and delivers clear, strategic advice tailored to your business.

Contact HintonFlynn Legal to arrange a confidential consultation and discuss your workplace or employment law issue.