The current complex employment law environment in Australia means it’s more crucial than ever before to get expert advice and professional guidance when dealing with employment matters.
Whether you’re a company who needs assistance with drafting an employment contract or an individual who has been unfairly dismissed, we take care to fully understand your situation and act only in your best interests.
Employment law doesn’t have to be all about reactive issues – we help set up individuals and businesses with the correct structure, as well as identify potential future risks.
Who we represent
Gorval Lynch have vast experience in representing both individuals and businesses from all industries. Our commitment to a close relationship with our clients means we always get to the know the devil in the detail. We act in your best interests and handle your case with confidentiality and expertise. From giving specific advice to preparing court documents, our clients trust us to represent them at all stages of their matter.
Dedicated, specialist advice
Our dedicated team of employment law experts pride themselves on going above and beyond for our clients, and always fight to get what’s rightfully theirs. Our clients achieve the results that they are looking for and our high performance is due to our knowledge, and our integrity and commitment to you.
You’re in good hands
Founding and Managing Partners Serge Gorval and Matthew Lynch run and handle most employment law cases, which means you get the expertise of a senior lawyer working on your case and fighting for what’s rightfully yours. This is a luxury other law firms won’t offer you and has a significant positive impact on your case. The partners worked together an organisation with a strong focus on employment law where both have represented hundreds of Australian companies before deciding to break off and establish Gorval Lynch.
Flexible cost arrangements
At Gorval Lynch, we don’t believe in charging our clients for using outdated business practices or unnecessary communication. You’re getting premium litigation service and our modern approach means you can enjoy flexible cost arrangements, including fixed fees.
Simple and frank advice
We will take time to understand your unique position and discuss with you your individual circumstance and what options you have. We always use simple language so you feel in control and understand exactly where you stand.
Our Areas of Expertise
Under Australian Employment law, as an employee, you may be dismissed by your employer, provided they have followed the proper procedure. This includes giving you fair warning and providing an opportunity for improvement.
Are you Eligible?
Before making an unfair dismissal claim, you need to satisfy certain requirements as set by the Fair Work Commission. The best way to understand whether you satisfy these, if you suspect that you may have been unfairly dismissed, is to speak to a professional who can help you determine your eligibility. Once satisfied, you can then move onto lodging the actual application with the Fair Work Commission against your employer.
The Unfair Dismissal Process
Expect to act quickly if you suspect you have been unfairly dismissed. The procedure to submit your claim is detailed and you only have a short window to act.
1. Lodge your claim
You only have 21 days from the date of your dismissal to lodge your application. Be quick and put together your evidence and claim correctly.
2. Your application is received by the Commission
Your case is appraised and an initial decision whether your dismissal was unjust, harsh ir unfair is made. This is not the final ruling but will serve only to take the matter further.
3. Your employer is notified
The commission will send your claim along with supporting evidence to your former employer and they will have seven days to respond to the claim. You should receive their reposts in this time.
4. Conciliation between you and your employer
Your matter is brought before the commission which acts as a third party and conducts a conciliation between you and your employer. You should try and resolve the matter at this point. This requires strong preparation and negotiation techniques.
5. If unsuccessful, the matter goes to a hearing
Should your conciliation be unsuccessful, your natter will then be scheduled for a proper hearing in front of the Commission. You will need to have evidence, a strong case, and excellent presentation at this stage
What should you do next?
If you believe you have been unfairly dismissed it’s very important you act within the 21 day window to have your case heard. You should seek advice immediately and obtain legal support to help you with your claim.
Gorval Lynch have over fourteen years combined experience in Employment Law and specialise in representing individuals in unfair dismissal cases. Give us a call for a confidential consultation and find out what your best next steps are.
Unfair dismissal is one of the most common claims made against Australian employers and have a significant impact on business.
It’s important to act quickly and professionally when dealing with one of these claims, as costs for defending an unfair dismissal claim can escalate quickly. Legal fees, business disruption, reputation and compensation will add up so it’s important you have the best advice and work with lawyers experienced in the field to minimise disruption and avoid significant costs.
Important aspects of defending unfair dismissal
We work together with you to understand the nature of the claim and asses its merit. We will assist you in:
• Understanding what unfair dismissal is and the claim made against your business
• Managing procedural and legal requirements of applications
• Assessing and responding to arguments pertaining to the merits of the case
• Leading essential conciliation conferences and preparing evidence for hearings
Why you need to act quickly
If your business has received a claim of unfair dismissal, you need to respond within 7 days. It’s important your response contain specific legal requirements and includes all your supporting evidence. Your response should include;
• the dates the employee started work, was dismissed and finished work
• reasons for dismissing the employee
• your response to the employee’s arguments about why they think the dismissal was unfair
• any jurisdictional objections you wish to raise, and
• your signature.
You are also required to send the response to two separate places;
The Fair Work Commission and
Directly to the contact details of your former employee, as provided in the original claim
What should you do next?
This is a serious claim made against your business and requires quick and professional action. You should deal with a trusted team of lawyers who have represented businesses like yours and who have a reputation for winning a successful outcome for their clients.
Gorval Lynch have over fourteen years combined experience in Employment Law and specialise in representing businesses in unfair dismissal cases. Give us a call for a confidential consultation and find out what are your best next steps.
Australia has a strong ethic against workplace harassment, discrimination and bullying. Employers must not treat their employees unfairly and have a responsibility to protect their employees from antisocial workplace behaviour.
The area of workplace discrimination is detailed and one which requires a thorough understanding of how the rules may apply. What is determined as harassment, discrimination and bullying can vary, and the reasons behind the decision are dependent on the facts of the case.
It’s important that anyone who has either experienced antisocial workplace behaviour or suspects it may be lurking amidst their employees to seek professional advice immediately, before the matter escalates.
Gorval Lynch provide advice both to individuals and businesses dealing with workplace discrimination, harassment or bullying. Give us a call to discuss your matter in strictest confidence and understand your next steps.
Employment contracts in Australia frequently include a restraint of trade clause. This is to protect business interests after an employee leaves. Most commonly, it’s applied in contracts with senior professionals as well as in agreements for the sale of business.
The main types of clauses are;
• Non-compete clauses that prevent a person from competing with their former employer for a certain time period. This could prevent them from starting their own business, or working for a competing business.
• Non-solicitation clauses that prevent a person from soliciting their former employer’s clients for a certain time period.
• Non-recruitment clauses that prevent a person from recruiting their former employer’s employees for a certain time period.
• Confidentiality clauses that prevent a person from using their former employer’s confidential information.
Why you may need advice on a restraint of trade clause
Individual
You may have an existing employment agreement with a valid restraint clause which prohibits you from working with a competitor. You need to be careful and understand your options before accepting a new employment contract to ensure you don’t breach an existing, valid clause. You could be liable for damages if you break your existing employment contract which contains any of the above clauses.
Business
Your confidential and intellectual property deserves to be correctly protected and a restraint of trade clause will ensure your business interests are upheld. If you suspect an employee may have breached the clause, it’s important you investigate properly and act within the correct procedural rules. It’s also important to have a reliable employment contract with relevant restraint clauses which you can confidently send to future employees, so consult with a professional to develop one for your business.
Whether you’re an individual or a business, speak to one of our partners who will examine your case and give you the right advice. Gorval Lynch are experts in employment and contract law and help individuals and businesses understand and interpret their restraint clauses, as well as draw up new contracts to suit business requirements. Give us a call today for a confidential consultation and to find out where you stand.
If you are employee, one of the best protections you can secure yourself in negotiating your employment contract is a long notice period. In the unfortunate event of termination a notice period gives you time to look for alternative work.
Fair Work has strict rules about the notice period required to terminate employees and establishes a guideline for severance payments – it is a lot less than some people realise and is capped. Rules vary depending on how long an employee has been employed by the business and this will determine how much notice is required as well as payment.
Some employees do not require notice according to Fair Work and can be dismissed without a notice payment.
To understand exactly what your options are, either as a business or as an employee, including negotiating or drafting clauses in an employment contract, give us a call and we can work through your matter together. Gorval Lynch are experts in employment law and we work closely with our clients to deliver the best possible outcome.
Protection Against Employment Claims
When you’re running a business, it’s important to protect your interests and avoid exposure to risk from having an employment claim filed against you, as this could result in both costly legal procedures as well as reputational damage.
The best way to do this is to minimise risk by having trusted advisers on hand to call up when you are uncertain,tight contracts in place and clear policy documents. These are essential to protect your business from claims being brought against you from employees.
At Gorval Lynch we work with Australian businesses to minimise risk and protect your interests. If you’d like us to review your current contracts or you think it may be time for a quick consultation about employment law risks in your industry, give us a call and we will work through your business objectives together.
Show cause Responses and Misconduct Allegations;
If you have received a Show Cause Letter from your employer we can advise you on what it means, and the best possible response.
It is critical not to delay beyond the timeline set for a response to a Show Cause Letter as that could amount to a valid reason for termination.
Often these letters are used inappropriately. We can advise individuals and businesses on the law around the use of Show Cause Letters.
We are proud of our results achieved for state government employees in the New South Wales industrial relations system.
NSW state government employees are subject to legislation that is completely different from privately employed staff and it is important to speak to a lawyer to guide you through the Industrial Relations Act, the Government Sector Employment Act, the regulations, the rules, the relevant Award, and the policies that apply to your employment.
If you are an executive, permanent, temporary, or casual state government employee, the law affects you in a particular way and your situation may be completely different from your colleagues. Talk to us for a free consultation.
“Matthew Lynch was brilliant throughout my entire legal proceedings and...
Matthew Lynch
Managing Partner
Serge Gorval
Managing Partner
Merna Aziz
Senior Associate
Jacinta White
Solicitor
Elisa Kim
Graduate Lawyer
Vera Zimina
Executive Assistant
Meet the team
We have a close team of dedicated lawyers who love a challenge and genuinely enjoy helping those in need. Serge Gorval and Matthew Lynch – both Founders and Managing Partners – have worked together for years and show resilience, compassion and integrity when handling matters. They’re available for consultations and always make themselves accessible for current and future clients, even in between court appearances.