Employment Law and Commercial Litigation

At Davies Lawyers, we are a boutique law firm practicing exclusively in employment law and commercial litigation. With a deep understanding of the complexities inherent in employment law, we are committed to providing swift, practical solutions tailored to your unique circumstances.

We take a comprehensive and strategic view of every case, ensuring that we address all relevant issues and focus on achieving the best outcomes for you. Whether you are an employee or an employer, our decades of experience empower us to deliver customised advice and solutions to meet your needs effectively.

Our Commitment

We recognise that employment matters are not just legal but deeply personal, often revolving around the ways people can work together effectively. We balance commercial and strategic considerations, with a focus on fostering positive workplace relationships.

We are driven by results and dedicated to achieving fair, practical solutions for every client.

For Employees

If you are an employee, acting promptly is crucial - strict time limits apply to lodging unfair dismissal and general protections claims. The legal advice you receive can significantly impact your financial stability, stress levels, post-employment obligations, job prospects, and reputation. We are here to guide you through this challenging time and secure the outcomes you deserve.

For employers, seeking early legal advice is essential to ensure compliance with employment laws, protect your business, and explore the best options for managing challenging employee situations or terminations. We provide clear, actionable guidance to help you navigate these complexities with confidence.

For Employers

Services Include:

  • UNFAIR DISMISSAL

    Unfair dismissal claims must be lodged within 21 days of dismissal, with a minimum employment period of six months. We provide assistance in preparing or responding to such claims.

  • GENERAL PROTECTIONS

    We assist individuals facing adverse action for exercising workplace rights and support employers in responding to such claims, offering guidance on risks and achieving optimal commercial and strategic outcomes.

  • CONTRACT ADVICE

    We assist in drafting contracts for staff, contractors, or third-party service providers and help employees negotiate better terms or avoid onerous contractual conditions.

  • RESTRAINTS OF TRADE

    The wording of any restraint is crucial. We can assist with drafting restraints, enforcing restraints, resisting restraints and protecting confidential information. 

  • UNDERPAYMENT CLAIMS

    We provide advice on which Award applies to a position, correct rates of pay, allowances and penalty rates, emphasising that failure to pay correctly can expose employers to criminal sanctions, making prompt legal guidance essential.

  • EMPLOYEE MANAGEMENT

    We assist employers with prompt, practical advice on managing difficult employees to meet expected standards or, if necessary, transitioning them out of the workplace.

  • UNION ISSUES

    With extensive experience representing unions and protecting workers' rights, we are uniquely qualified to assist employers when unions seek to enter a workplace, represent members, or negotiate with the employer.

  • ENTERPRISE AGREEMENTS

    With years of experience in negotiating and securing approval for enterprise agreements, we assist employers and unions and provide support in resolving disputes over the practical application of approved agreements.

  • WORKPLACE TRAINING

    Workplace training goes beyond drafting policies (which we can provide) by ensuring staff understand and are trained on their application, drawing on Tracey’s years of practical experience in effectively communicating policy relevance.

  • REDUNDANCY

    We provide advice on workplace restructuring and redundancy, ensuring employers comply with applicable Awards or Enterprise Agreements to avoid Fair Work Commission claims, while assisting employees in pursuing compensation or unfair dismissal claims if proper procedures are not followed.

  • BULLYING & HARASSMENT

    We assist individuals experiencing workplace bullying or harassment in seeking support from their employer or escalating the matter to the Fair Work Commission. We advise employers on proactively ensuring a safe workplace and responding to staff allegations effectively.

  • WORKPLACE INVESTIGATIONS

    We conduct thorough workplace investigations, including scoping, interviewing, evidence assessment, and reporting with outcomes and recommendations, and assist employees facing investigations or allegations by advising on their rights and appropriate responses.

We provide top tier service at boutique rates. Please note that while we do charge on time-based rates, we also can agree on fixed price costing or general retainers. We do not charge copying, printing or associated costs (unless we need to outsource large copying, in which case we will ask you to pay what we are being billed for - no add on premiums).

About The Principal

Tracey Davies holds a Bachelor of Laws and a Bachelor of Commerce from The University of Melbourne and was admitted to practice in both State and Federal courts in 1988.

Tracey’s legal career began at a small suburban general law firm, where she gained invaluable experience, frequently appearing in court and representing clients across a broad range of matters.

After relocating to the city, Tracey joined Deloitte’s large tax advisory team. However, she quickly realized that this path wasn’t the right fit for her. She then returned to her passion for litigation, joining Mills Oakley, followed by a move to Madgwicks Lawyers.

Over the next two decades, Tracey worked as a partner at several prominent city law firms: Madgwicks, Macpherson Kelley, and Cornwall Stodart. During this time, she honed her expertise in commercial litigation and employment law, managing some of the most high-profile trials in Victoria. Her clients included liquidators, employers, employees, and unions.

Despite her success in these roles, the structure of the traditional law firm environment - particularly the focus on billable hours rather than client-centered service - motivated Tracey to establish her own firm. In 2011 she founded Davies Lawyers, where she has since dedicated herself to providing practical, strategic, and client-focused legal solutions.

Get in Touch

We’re here to help - don’t hesitate to contact us today.