We specialise in advising on employee restraints and representing clients in restraint of trade proceedings in various courts around Australia.
We have successfully represented clients in a number of high-profile restraint of trade cases in recent years. We use that experience to advise clients on post-termination restrictions and their enforcement.
We are experienced litigators, representing and appearing for clients in all types of employment-related litigation in the Fair Work Commission, industrial and anti-discrimination tribunals and civil courts. Claims we regularly handle include:
- unfair dismissal and unlawful termination;
- general protections (adverse action);
- discrimination (federal and state);
- wrongful dismissal;
- breach of contract;
- independent contractor; and
- underpayment of wages.
A number of our team members regularly appear as advocates in industrial and employment matters, which avoids the need to brief counsel and saves costs for clients.
We also assist clients in investigations by the Fair Work Ombudsman and other government authorities (e.g. Australian Taxation Office).
We encourage and assist clients to take a proactive approach to stem the threat of litigation by putting in place sound employment contracts and establishing the requisite policies and procedures upfront.
We regularly advise on the employment aspects of Australian and global commercial transactions, including mergers, acquisitions and sales of businesses, restructuring and outsourcing, and related transfer of business issues. This often includes advising on information and consultation obligations, collective redundancies and strategies to minimise the risk of employment-related claims.
- Obtaining indemnity costs for a national television network in relation to the employment of an executive subject to a restraint.
- Representing a group of senior executives in 4 States moving to a competitor from an ASX-listed agribusiness company.
- Representing employers and employees in reasonable notice claims in various courts.
- Defending an international accountancy firm against a multi-million dollar general protections claim in the Federal Court.
- Acting for senior executives leaving a financial services organisation to establish a separate equities business, including the transfer of a $5 billion fund and transfer of employment of approximately 20 employees across three countries.
- Appearing for a multi-national mining company in proceedings relating to an alleged unlawful stand-down of an employee.
Employment & Workplace Relations| 27 Jul 2021
NSW Court of Appeal finds innuendo is sexual harassment, observing the sexualisation of women in the workplace is often not explicit
In a landmark decision, the NSW Court of Appeal has upheld a NSW Civil and Administrative Tribunal Appeal Panel finding of sexual harassment as a result of a ‘mortifying’ workplace health and safety poster.
Employment & Workplace Relations| 18 Jun 2021
The Fair Work Commission’s Expert Panel for annual wage reviews (Panel) has now published its Annual Wage Review 2020-21.
Employment & Workplace Relations| 12 May 2021
Employers must ensure that they comply with enterprise agreement pre-approval requirements set out in the Fair Work Act, which in recent years have been strictly interpreted. We examine the recent case law and look at the implications for employers.
Employment & Workplace Relations| 13 Apr 2021
The ability of employees to work in multiple jobs raises some difficult issues right now, particularly in the disability, aged and health care sectors. We explore a recent Fair Work Commission case that highlights this difficulty.