Restraints of Trade, Employment Claims & Transfer of Business Issues

 

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);
  • bullying;
  • 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.

Experience

  • 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.

Key contact

Karl advises his clients in adverse action claims at the Fair Work Commission, implementing and negotiating enterprise agreements, unfair...

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