Employer Rights & Legal Protections
Running a business in New South Wales means balancing your rights as an employer with legal obligations to your workforce.
At MCB Lawyers, our Manly-based employment law team helps employers understand their rights, meet their responsibilities and resolve workplace issues effectively.
Protecting Employers. Strengthening Businesses.
As an employer in New South Wales, understanding your rights and obligations is critical to maintaining a fair, compliant and productive workplace. Our experienced employer rights lawyers in NSW provide clear, practical guidance on employment contracts, performance management, terminations and workplace compliance. At MCB Lawyers, we help you protect your business interests while ensuring you meet every requirement under Australian employment law.
Why Knowing Your Employer Rights Matters
- You have the right to manage staff, enforce workplace policies and protect your business interests — provided you act within the law.
- Being clear on your legal obligations prevents expensive claims, penalties and disruption.
- Proactive legal advice helps you turn your employer rights into strategic advantage — not just compliance tasks.
Understanding Employer Rights & Responsibilities in NSW
The legal framework in New South Wales places both rights and obligations on employers: the national system (under the Fair Work Act 2009) and state regimes (such as workplace health and safety laws) apply.
It’s not just about what you *can* do — it’s about what you *must* do: record-keeping, safe workplaces, fair termination processes, and paying correct entitlements are all part of the picture.
Why MCB Lawyers for Your Employer Legal Needs
At MCB Lawyers, we understand the complexity of employment law from the employer’s perspective — you need legal advice that supports business operations while ensuring compliance.
Whether it’s managing contracts, handling terminations, regulatory safety obligations or navigating dispute resolution — we provide practical, strategic and business-savvy legal counsel to help you protect your workforce and your business.
Our Key Employer Services
Contracts, Policies & Award Compliance
Drafting/reviewing employment contracts and workplace policies, ensuring correct award coverage and NES compliance.
Performance, Termination & Redundancy
Structuring lawful processes for under-performance, managing redundancies, and reducing unfair dismissal risk.
WHS Duties & Regulatory Response
Advice for PCBUs and officers on WHS obligations, psychological hazard management, and responding to regulator inquiries.
Dispute Resolution & Litigation Support
Negotiation, mediation and representation in general protections, discrimination and employment litigation matters.
Resources & Further Reading
Trusted Australian sources for employers seeking clear guidance on obligations, processes and best practice:
- Fair Work Ombudsman – Employers Guides on pay, awards, record-keeping, performance, termination and compliance.
- Fair Work Commission – Employer Information Processes for unfair dismissal, bargaining and dispute resolution.
- SafeWork NSW WHS obligations for PCBUs and officers, incident notification, and safety guidance.
- NSW Government – Rights & Responsibilities Overview of employer responsibilities and employee rights in NSW.
- ATO – Employers PAYG, superannuation and Single Touch Payroll obligations.
- NSW Small Business – Managing Employees Practical HR and legal essentials for SMEs hiring and managing staff.
Need tailored advice for your business?
Every employer’s situation is unique. Whether you’re reviewing contracts, managing staff, or responding to a workplace claim, our team provides clear, commercially-focused legal guidance to protect your business and your people.
Frequently Asked Questions
What are my responsibilities under WHS laws?
As an employer, you must provide a safe workplace by managing hazards, offering safety training, and maintaining WHS policies. We help ensure your business complies with WHS laws to keep your workplace safe and minimise legal risks.
How can I ensure my employment contracts are compliant?
Employment contracts should clearly outline terms, duties, and entitlements while adhering to fair work and WHS standards. Our team can review and draft legally sound contracts that protect both your business and your employees.
How should I handle an employee redundancy to avoid legal issues?
Redundancy must be fair, necessary, and conducted in compliance with employment laws. We guide you in handling redundancies properly, including calculating redundancy pay, meeting notice requirements, and considering redeployment options where possible.
What should I do if an employee files a wage dispute?
If an employee files a wage dispute, review their payslips, contract, and applicable award or enterprise agreement. Our team can assist in investigating the claim and negotiating a resolution to ensure you meet your legal obligations.
What is unfair dismissal, and how can I avoid it?
Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable way. Avoid unfair dismissal claims by following fair work practices, documenting reasons for termination, and seeking legal advice if you’re uncertain about a termination.
How can I respond to safety concerns raised by employees?
Address safety concerns promptly by assessing risks, taking corrective action, and communicating any changes with your employees. We can guide you on handling safety complaints to ensure compliance with WHS standards and a safe work environment.
What steps can I take to prevent workplace discrimination and harassment?
Implementing a strong anti-discrimination policy, offering regular training, and promoting a respectful work culture are key steps in preventing workplace discrimination and harassment. We can help you establish policies and training programs to create an inclusive, safe workplace.
Can I change an employee’s role or hours without their consent?
Significant changes to an employee’s role, duties, or hours generally require their consent. To avoid legal issues, consult with employees before making major changes. We can assist in managing these changes appropriately and lawfully.
What are my options if I believe an employee’s workers’ compensation claim is invalid?
If you suspect a claim is invalid, you have the right to request an investigation. We can help you address questionable claims lawfully, ensuring your rights as an employer are protected while still meeting workers’ compensation obligations.