Johnston Withers Lawyers has a long history of advising and representing employees, employers and unions in a range of employment and industrial relations matters.

In our 75 years of working in employment and industrial relations law, we have been successful in many high profile cases, including those argued before the High Court. As a result, we have developed a strong and trusted reputation in this field.

We represent clients in the South Australian Employment Tribunal, the Fair Work Commission, and in State and Federal Courts.


Our Employment Lawyers in Adelaide & Regional South Australia can help you with:


Employment Law

We advise and represent employees and employers in relation to a range of employment matters, including:

  • Unfair dismissal – if you have been dismissed and you believe the dismissal was harsh, unjust or unreasonable, of if an employee has alleged that you have unfairly dismissed them.
  • Employment contracts – if you want advice on an employment contract, whether you are an employee, an employer or an independent contractor.
  • Independent contracting – if you are unsure of the nature of your or your employee’s employment, such as whether you or your employee is an employee or an independent contractor, and what the relevant rights and entitlements are.
  • Underpayment of wages – if you believe you have been underpaid, or have not been paid for work you have performed, or if an employee alleges that you have underpaid them.
  • Employee entitlements – if you want advice on your entitlements or you are an employer seeking advice on employees’ entitlements, to things such as leave, pay or flexible working arrangements under an employment contract, Award or Enterprise Agreement.
  • Redundancies – if you have been offered, are considering applying for a redundancy, or you are an employer intending to offer your employees a redundancy package and want advice about your rights and options.
  • Discrimination – if you believe you have been discriminated against at work, or an employee has alleged that you have discriminated against them, on the basis of race, colour, sex, sexual orientation, age, disability, marital status, religion, political opinion, caring responsibilities or pregnancy.
  • Bullying and harassment – if you are experiencing any kind of bullying or harassment at work, or an employee is bullying or harassing another employee, and you would like advice about your rights and options.
  • Disciplinary proceedings – if you are facing disciplinary proceedings at work or before a body such as the Independent Commission Against Corruption (ICAC) and would like advice or representation.
  • Adverse action – if your employer takes an action against you which is detrimental to you, such as dismissing you, altering your position, or treating you differently to other employees, because you have exercised a workplace right, or for a discriminatory reason.
  • Investigations or allegations – if allegations have been made against you or your employee at work, and you would like advice about your rights and assurance that there is procedural fairness.
  • Work health and safety – if you are concerned about health and safety at work and would like advice about your rights as an employee or your obligations as an employer.
  • Workplace policies and procedures – if you want advice about your rights or obligations under, or assistance creating and implementing appropriate workplace policies and procedures.
  • Public sector employment – we have a wealth of experience advising and representing public sector employees in a range of employment matters.
  • Mediation or conciliation – we recognise the importance of a good working relationship for employees and employers, and can assist with mediation or conciliation with the aim of reaching a practical and mutually satisfactory outcome.
  • Appearing in the Fair Work Commission or South Australian Employment Tribunal – if your matter proceeds to trial, we have the skills and experience to prepare the necessary evidence and documents and advocate for you. We have successfully secured reinstatement or compensation for many deserving clients in the past.

Industrial Relations

We often act for employers and unions in relation to:

  • Making and amending Awards and Enterprise Agreements
  • Entitlements under Awards and Enterprise Agreements
  • Representing union members in employment matters and industrial action
  • Representing employers in employment matters
  • Appearing in the Fair Work Commission or South Australian Employment Tribunal


Workers’ Compensation

If you have been injured in the course of your work you are entitled to seek income support, payment of the costs of medical treatment and a lump-sum compensation payment if you suffer permanent impairment.  Please refer to our Workers’ Compensation page.