Managing workforce risk
Human resources management can be a minefield without expert legal support.
We advise and act on the full range of employment issues, focused on preventative measures and dispute resolution. We work through employment claims and dispute management, dispute strategies and alternative dispute resolution and regularly appear before the Fair Work Commission, Federal Circuit Court, Federal Court and State based tribunals, including for claims brought by employees under the Fair Work Act 2009 and anti-discrimination legislation.
We regularly advise on commercial employment issues such as post-employment restraints, injunctions, shareholder agreement disputes and associated litigation. Bullying is rife in the world today, so we help with risk management, policy development, training, investigation, executive liability plus appropriate workplace behaviour guidelines and training to minimise and manage incidents of bullying, harassment and discrimination in the workplace.
We also draft employment contracts and workplace policies and advise on executive remuneration, human resource planning and performance management. In terminations and unfair dismissal claims, we can investigate, mediate and litigate. We handle dispute management. We review arrangements with industrial associations, labour hire companies and contractors. This includes reviewing enterprise agreement and award coverage, responding to industrial action (seeking orders) and running a legal lens over contractor management systems.
We support employers to navigate policies and procedures for injured workers returing to work including with inherent assessment requirements, return to work plans, termination of employment, workers' compensation claims, as well as industrial relations and regulatory compliance. In cases of restructuring, or business asset sale or transition, we assess the resourcing implications and draft agreement provisions to address employment-related issues including redundancy, liability for accrued entitlements and continuity of service.
On behalf of engineering consultant APT Technology, our Employment team successfully obtained an injunction against a former APT employee.
OAMPS wanted to protect the companies’ goodwill. OAMPS sought interlocutory injunctions to enforce the restraint provisions in the employees' contracts, preventing them from working with a direct competitor and soliciting clients.