'Mark Dunphy [if its complex and high risk, clients call him]. – The Legal 500 Asia Pacific 2017
Mark’s practice encompasses both litigious and non-litigious applications of employment and industrial relations law.
Mark is skilled in dealing with matters involving: industrial disputes and their implications; drafting and advising on enterprise agreements; award interpretation and ramifications; providing advice and acting in litigious matters regarding terminations, employee discipline, unfair dismissals, adverse action claims, common law disputes, equal opportunity, discrimination and sexual harassment claims; providing advice on the effect of legislative change on businesses; drafting and advising on employment contracts and employment audits; and employment-related areas of due diligence.
Mark is listed in The Best Lawyers in Australia in Labour and Employment Law every year since 2014 and as a recommended employment lawyer in Victoria in Doyle's Guide to the Australian Legal Profession for the last four years.
- Preparing submissions to the Productivity Commission inquiry into the Workplace Relations Framework on behalf of a large national industry body.
- Advising on the impact of matters arising from the Royal Commission into Trade Union Governance and Corruption.
- Acting for a national manufacturing client in relation to redundancy entitlements arising from a relocation.
- Acting for a national retailer in preparing contracts for executive and senior staff.
- Acting for a retail chain with around 50 stores in Victoria and Tasmania in drafting and rolling out enterprise agreements to all stores.
- Advising many public sector organisations, and listed and private companies, on how to minimise exposure on the termination of senior employees.
Awards and recognition
Chambers 2021Band 4, Employment (VIC)
Best Lawyers in Australia 2014-2021Partner – Labour and Employment Law
The Legal 500 Asia Pacific 2020Recommended – Labour and Employment
Chambers 2020Recognised Practitioner – Employment
Doyle's Guide to the Australian Legal Profession 2020Employment Lawyers – Employer Representation (Victoria)
Employment & Workplace Relations | 22 Jan 2021
Whether a private employer can direct its employees to be vaccinated is a multi-faceted issue. The central question is whether an employer’s direction to be vaccinated is lawful and reasonable.