Workplace dispute lawyers in Melbourne
Protecting Your Business from Employment Disputes
At MST Lawyers, we provide strategic legal support to businesses and employees navigating workplace disputes.
MST Lawyers acts for Melbourne employers and employees in workplace disputes — unfair dismissal and general protections claims, bullying, harassment and discrimination matters, and breaches of confidentiality or restraint clauses. We resolve most disputes through negotiation and Fair Work Commission conciliation, and represent clients in the Fair Work Commission, Federal Court, and state tribunals when required.
Key takeaways
- An unfair dismissal claim must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect.
- General protections (adverse action) claims can arise where someone is treated adversely for exercising a workplace right — separate from unfair dismissal.
- Most workplace disputes settle at conciliation; litigation is the exception, not the rule.
- Since March 2023, sexual harassment has a dedicated Fair Work Commission jurisdiction, and employers owe a positive duty to prevent it.
How are workplace disputes resolved in Melbourne?
Most workplace disputes are resolved without a court hearing — through direct negotiation, a workplace investigation, or conciliation at the Fair Work Commission. Where a matter cannot be settled, it may proceed to arbitration or to the Federal Court. MST advises on the fastest, lowest-risk path for each dispute.
Our Legal Services for Workplace Disputes
We offer expert assistance across a range of areas:
What is unfair dismissal and how do you challenge it?
Unfair dismissal occurs when an employee is terminated in a way that is deemed harsh, unjust, or unreasonable under the Fair Work Act 2009. Wrongful termination may involve breaches of contract or failure to adhere to dismissal procedures. Employers must handle terminations lawfully to avoid potential claims, while employees have the right to challenge unfair dismissals.
We represent both employers and employees in:
- Fair Work Commission proceedings to contest or defend unfair dismissal claims.
- Workplace investigations into the circumstances of a termination.
- Negotiating settlements and alternative dispute resolution strategies to prevent costly litigation.
- Drafting and reviewing termination documentation to ensure compliance with employment laws.
MST Lawyers helps employers lawfully manage termination processes while protecting employees’ rights.
Workplace Harassment, Bullying, and Discrimination
Workplace misconduct—such as bullying, sexual harassment, and discrimination—can create a toxic work environment and expose businesses to legal action. Employers have a responsibility to provide a safe and inclusive workplace, free from unlawful conduct. MST Lawyers provides expert guidance on:
- Internal investigations into complaints of workplace misconduct.
- Defending employers against claims of workplace bullying, sexual harassment, and discrimination.
- Ensuring compliance with anti-harassment laws, including the Fair Work Act and Equal Opportunity legislation.
- Implementing legally sound workplace policies to prevent future claims.
- Training HR and management teams on how to handle misconduct complaints properly.
We work with businesses to resolve workplace misconduct matters swiftly and fairly, minimising legal risks and maintaining workplace integrity.
How do you enforce a restraint or confidentiality clause?
Employment contracts and intellectual property protections are essential for business continuity and security. However, disputes often arise regarding:
- Non-compete and restraint of trade agreements, restricting former employees from working with competitors.
- Confidentiality breaches, where employees improperly share business-sensitive information.
- Ownership of intellectual property, especially in industries where employees create proprietary works.
MST Lawyers assists businesses in:
- Drafting enforceable restraint clauses and confidentiality agreements.
- Pursuing legal action against employees who breach contractual obligations.
- Advising on contract terms to protect business assets and trade secrets.
We help employers assert their rights while ensuring that agreements are fair, enforceable, and compliant with Australian employment law.
Who represents you at the Fair Work Commission?
When workplace disputes escalate to legal proceedings, it is crucial to have strong legal representation. MST Lawyers provides expert advocacy in:
- Fair Work Commission hearings, including unfair dismissal and general protections claims.
- Employment disputes before the Federal Court and state industrial tribunals.
- Dispute resolution processes, including mediation and arbitration.
Our employment lawyers work closely with clients to develop strategic legal arguments and achieve favourable outcomes, whether through settlement negotiations or court action.
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Our clients span industries, backgrounds, and needs, each relying on MST Lawyers for dedicated, effective legal support.
Ready to discuss your legal needs?
If you’re facing a workplace dispute, seeking early legal advice can help prevent costly and time-consuming litigation. Contact MST Lawyers today for expert guidance on resolving employment disputes efficiently by using our contact form, or please contact our office on (03) 8540 0200 or you can email us directly at mst@mst.com.au.
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FAQS
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If an employee raises a harassment complaint, employers should:
- Conduct a thorough and impartial investigation to assess the claim.
- Ensure that all actions comply with workplace laws and internal policies.
- Seek legal advice to determine the best course of action and mitigate risks.
Ignoring or mishandling a harassment claim can lead to serious legal and reputational consequences for a business.
Yes, employees have the right to challenge a termination if they believe it was unfair or unlawful. An employee may lodge:
- An unfair dismissal claim with the Fair Work Commission.
- A general protections claim if they believe they were dismissed due to discrimination, workplace rights, or other protected attributes.
Employers should ensure that all terminations follow fair procedures to minimise legal risks.
To safeguard confidential business information, employers should:
- Have well-drafted confidentiality and non-compete agreements in place.
- Ensure departing employees return all business property and sensitive data.
- Take legal action if an ex-employee breaches a confidentiality agreement.
MST Lawyers assists businesses in enforcing contractual protections and minimising risks of information leaks.
If a former employee breaches a non-compete agreement, businesses can:
- Send a cease-and-desist letter demanding compliance.
- Seek legal action to enforce the agreement through court proceedings.
- Claim damages if the violation causes financial loss.
Our team can assess whether the agreement is enforceable and help employers take the necessary legal steps.
Litigation can be costly and time-consuming. Settling a dispute through negotiation, mediation, or arbitration offers:
- Faster resolution compared to lengthy legal proceedings.
- Lower legal costs for both parties.
- Confidentiality, protecting business reputations.
- More flexible outcomes, tailored to both employer and employee needs.
MST Lawyers helps clients resolve disputes through effective alternative dispute resolution strategies, avoiding the financial and reputational risks of litigation where possible.
You must apply to the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict deadline — extensions are only granted in exceptional circumstances. If you have been dismissed, or you are an employer who has just dismissed someone, seek advice immediately.
We deliver expert employment and workplace law services, helping businesses stay compliant and support their people.
Content reviewed by Chao Ni (Accredited Specialist)
Last reviewed: July 2026