Managing workforce risk
A life of risk is exhilarating for some, but not when it comes to your people. And human resources management can be a minefield without expert legal support. We advise and act on an endless range of employment issues, focusing on preventative measures and dispute resolution. We are experienced litigators, yes, but we believe adversarial resolutions should be a last resort.
Employment claims and dispute management, dispute strategies and alternative dispute resolution—this is our bread and butter. We’re no strangers to the Fair Work Commission, Federal Circuit Court, Federal Court and State based tribunals, nor claims brought by employees under the Fair Work Act 2009 and anti-discrimination legislation. We know the ins and outs, and the ups and downs of commercial employment issues such as post-employment restraints, injunctions, shareholder agreement disputes and associated litigation.
We balance sensitivity and tact with patience and reliability. 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.
There’s not a lot we can’t or won’t do—from drafting employment contracts and workplace policies, to 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.
Supporting injured workers returning to work can be tricky and you don’t know what you don’t know. We support employers to navigate policies and procedures, inherent assessment requirements, return to work plans, termination of employment, workers' compensation claims, as well as industrial relations and regulatory compliance. We’ve got a lot of experience here and can call on our Safety team for extra guidance, if you need.
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.
And we are passionate about sharing our knowledge and skills—we conduct executive briefings on governance, liability and regulatory change, as well as provide training for employees and managers on key workplace issues.
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.