Welcome to WestmoreJacobs®

WestmoreJacobs® can represent:

  • Employers to defend legal claims by former or current employees;
  • Employers who wish to commence legal proceedings against a (usually) former employee because, for example, that employee is taking the employer’s clients in breach of the employee’s employment contract.

Examples of legal claims we can help employers to defend include:

  • Unfair dismissal claims;
  • General protections claims;
  • Discrimination claims;
  • Breach of employment contract claims;
  • Bullying claims;
  • Disputes with unions;
  • Other employment related claims. This includes matters in Victorian and Federal Courts and Tribunals.

Engagement Process: Litigation

STEP 1Discuss your matter for about 30 minutes. No charge.

STEP 2Peruse relevant documents for about 30 minutes. No charge.

STEP 3Send you a Costs Agreement which details:

  • Each expected step in litigation process.
  • Estimated costs for each step.

No charge.

STEP 4You decide whether to proceed.

STEP 5If you proceed:

  • We tell the other side and the Court/Tribunal we are acting for you.
  • We discuss strategy with you.
  • We help you comply with the next step in litigation process.

Advisory services are best summarised as dealing with the legal side of HR. This is sometimes called “front end” or “preventative” work. It is work employers do to reduce the legal risk of employees (and their unions) from successfully suing employers. In broad terms, we help employers deal with 3 levels of problems.

Very challenging problems

These are the tough problems. They are typically situations where your organisation does not know what to do next, and there are big risks to getting it wrong. Examples might include:

  • Managing an ill or injured employee, including potential dismissal of that employee;
  • Potential dismissal of an employee for poor performance or conduct;
  • Large scale restructures and redundancies;
  • Developing an Enterprise Bargaining strategy;
  • Dealing with threatened or actual industrial action.

Challenging problems

The following are examples of challenging problems we can help you with:

  • Drafting complicated employment contracts;
  • Drafting tailored Enterprise Agreements;
  • Navigating the strict procedural rules for seeking approval of an Enterprise Agreement;
  • Managing poor employee performance or conduct;
  • Restructures and restructures;
  • Bullying, harassment and other employee complaints.

Standard problems

These are relatively standard problems. Examples include drafting straight forward employment contracts and policies, and advising you about the types of claims an employee is likely to bring in a particular situation.

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Advisory process

STEP 1Discuss your problem for about 30 minutes. No charge.

STEP 2Send you a Costs Agreement. This includes our fees. No charge.

STEP 3You decide whether to proceed.

STEP 4If you proceed, we review documents, evaluate legal risk and consider solutions.

STEP 5We give legal advice. This usually includes proposing solutions.

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