Nhu-Thuy Dinh

Nhu-Thuy is an experienced employment and industrial relations lawyer.

Acting on behalf of and advising both public and private sector clients in a broad range of industries, Nhu-Thuy has experience in both litigious and non-litigious employment related matters, where she has assisted clients to reach successful commercial outcomes.

She is known for providing timely advice that is practical, thorough and concise to ensure the client is well informed to make the necessary and appropriate decisions suited to its business.

She is known for her strong rapport with clients and has experience in acting on behalf of and advising clients on litigious matters in many jurisdictions, including in the Fair Work Commission, courts and tribunals.

Experience

• Advised Lumi Interactive, an Australian female-founded team of game developers, on its US$6.75 million (approximately A$9.76 million) series seed priced equity capital raise round.
• Advised UK-headquartered international architectural practice Weston Williamson + Partners on the Australian aspects of the company’s sale to major consulting and engineering group Egis.
• Advising on the application and interpretation of industrial instruments, including enterprise agreements and modern awards, and the obligations that arise under those industrial instruments.
• Negotiating and implementing enterprise agreements, including drafting the enterprise agreement, ensuring the enterprise agreement meets the required standards, advising the clients on the process of having the enterprise agreements approved and responding to protected industrial action.
• Drafting tailored letters of offer, employment contracts and consultancy agreements to reflect relevant terms and conditions, including the conditional requirement of certain background checks such as working with children and police checks, enhanced annual and personal leave entitlements, bonus structures, fixed-term arrangements, etc.
• Advising on options for managing the workforce, particularly when there is a downturn, including the ability to direct and/or request employees to take certain types of leave, including unpaid leave, long service leave, annual leave, personal leave or utilising stand down provisions under the Fair Work Act 2009 (Cth) or the applicable enterprise agreement.
• Advising on work, health and safety issues such as workplace investigations and prosecutions conducted by the appropriate government authority, including representing the client on how to respond to notices to produce and/or attend interviews and drafting submissions and evidence for hearing.
• Advising on the application and interpretation of privacy legislation, including whether there has been an eligible data breach and strategies on how to manage the breach, including contacting the individual(s) and/or the Office of the Australian Information Commissioner.
• Advising on strategies in defending industrial relations and employment litigation including discrimination claims, unfair dismissal claims, general protections claim and common law disputes, which involves drafting appropriate documentation such as letters of demand and attending conferences and hearings.
• Advising on the application of employees’ post-employment obligations, including restraint of trade and breach of confidentiality.
• Conducting due diligence for a number of global companies, including ASX-listed companies, for an expansion or sale of their business operations. This requires advising on complex award coverage issues as well as conducting due diligence on the business’ operations, including reviewing employment contracts, policies and procedures, payroll summaries, etc to provide advice on the potential exposure to risks and liabilities as part of the acquisition or sale. This might also involve liaising and negotiating with the target’s solicitors to settle on appropriate documents to be entered into prior to the completion date.