HR Professional vs Employment Lawyer: Which Does Your Australian Business Need?
“Should I hire an HR consultant or call an employment lawyer?” It’s a common question from business owners dealing with Australia’s complex employment laws.
The answer depends on whether you want to prevent workplace issues or defend against them after they’ve occurred.
Understanding the Key Differences
Australia has one of the most complex employment law systems in the world. Between the Fair Work Act, modern awards, industry bodies, enterprise agreements, and state-specific legislation, it’s easy to see why business owners feel overwhelmed.
HR Professionals, HR Consultants, and employment lawyers all play crucial roles, but they serve different purposes depending on their expertise:
HR Professional: Your Employee Engagement Partner
HR Professionals focus on employee engagement, performance management, and general HR best practices. Working with you to:
- Develop performance improvement plans and employee development programs
- Train managers and supervisors on how to get the best performance from their team
- Conduct employee surveys and engagement initiatives
- Guide general performance management processes to follow HR best practice
- Build positive workplace culture and team dynamics
- Manage recruitment and onboarding processes
Think of a typical HR professional (often employed within businesses) as focusing on employee engagement, performance management, and general HR best practices. However, many lack specialised training in Australian employment law compliance.
HR Consultant with Deep Employment Law Knowledge: Your Australian Employment Law guidance Partner
Specialised HR consultants combine people management skills with deep knowledge of Australian employment law. Working with you to:
- Develop compliant policies and procedures that align with the Fair Work Act and Australian employment law
- Train managers and supervisors on legal compliance whilst getting the best from their teams
- Conduct workplace audits to identify compliance gaps before they become problems
- Guide performance management and termination processes to follow both HR best practice and legal requirements
- Navigate modern awards and enterprise agreements for your specific industry
- Build positive workplace culture that reduces the likelihood of disputes whilst ensuring legal compliance
An experienced HR consultant with employment law training bridges the gap between general HR practices and legal compliance, helping you avoid issues that typical HR approaches might miss.
Employment Lawyer: Your Legal Defender
Employment lawyers focus on legal representation and dispute resolution. They step in when you’re facing:
- Fair Work Commission proceedings (unfair dismissal, general protections claims)
- Workplace discrimination or harassment allegations
- Industrial disputes or bargaining disagreements
- Complex legal interpretation of awards or agreements
- Court proceedings related to employment matters
- Regulatory investigations by Fair Work Ombudsman
Employment lawyers provide specialised legal expertise when you need formal representation or defence in court matters.
When to Engage Each Professional
Call an HR Consultant with deep Employment Law Knowledge When:
- You’re setting up or reviewing employment policies
- Training staff on following Fair Work
- Planning redundancies or restructures
- Dealing with performance or conduct issues that may have legal implications
- Conducting regular compliance health checks
- Building managers’ capabilities in managing their teams whilst following the law
- Navigating award classifications or pay rates
Work with General HR Professionals For:
- Employee engagement initiatives
- Performance coaching and development programs
- Internal culture and team building projects
- General people management support
- Recruitment and onboarding processes
- Employee survey and feedback programs
Call an Employment Lawyer When:
- You’ve received an unfair dismissal application
- Facing discrimination or harassment complaints
- Dealing with Fair Work Ombudsman investigations
- Managing complex industrial relations matters
- Requiring representation in formal proceedings
- Interpreting complex legal precedents
The Smart Business Strategy
The most successful Australian businesses use all three professionals strategically:
- Work with general HR professionals for ongoing employee engagement and development
- Work with an HR consultant with deep Australian employment law knowledge proactively, to build systems that follow Australian employment law, train your team, and prevent legal issues
- Engage an employment lawyer when formal legal representation is required
This approach is both cost-effective and risk-minimising. Prevention through compliant HR practices is always less expensive than legal defence after problems arise.
Why Australia’s Employment Law Complexity Matters
With over 120 modern awards, constantly evolving legislation, and state-specific variations, Australian businesses face unique challenges. Many general HR professionals lack the specialised training needed to navigate these complexities.
An experienced HR consultant with deep Australian employment law knowledge helps you navigate this complexity day-to-day, whilst employment lawyers handle the formal legal aspects when required.
All three professionals are essential parts of a comprehensive employment strategy. They each serve different roles at different times, depending on your business needs and the complexity of Australian employment law needed.
If you’re unsure which professional you need, first, start by asking yourself: “Am I trying to prevent problems, solve engagement issues, or defend against legal matters?”
For prevention and compliance combined with great people management, that’s where HR consulting with employment law knowledge shines. For general engagement and development, work with HR professionals. For legal disputes and formal representation, that’s when you need an employment lawyer.
Cases of relevance to this post:
Richardson v Oracle Corporation Australia Pty Ltd
Need help determining what your business requires? Book a free 15-minute discovery call to discuss your specific employment law challenges and how HR consulting can help you stay compliant whilst building a successful team.