Managing workforce risk
Without expert legal support, human resources management can be a minefield of risk. We advise and act for major companies, government entities, insurers, utilities, energy and resource sector clients; commercial project management companies and those in professional services on a wide range of employment issues, focusing on preventative measures and dispute resolution. Although we are experienced litigators, we believe adversarial resolutions should be a last resort.
Clients pro-actively seek our advice on employment claims and dispute management, dispute strategies and alternative dispute resolution. We routinely appear in the Fair Work Commission, Federal Circuit Court, Federal Court and State based tribunals to deal with claims brought by employees under the Fair Work Act 2009 and anti-discrimination legislation. We also have extensive experience in cases involving commercial employment issues such as post-employment restraints, injunctions, shareholder agreement disputes and associated litigation.
To help our clients prevent and manage incidents of bullying, harassment and discrimination, we assist with risk management, policy development, training, investigation, executive liability and appropriate workplace behaviour guidelines and training.
Clients consult us on drafting employment contracts, workplace policies, executive remuneration, human resource planning and performance management. In cases of terminations or unfair dismissal claims, we offer investigations, dispute management, mediation and litigation support. We also review arrangements with industrial associations, labour hire companies and contractors. This includes reviewing enterprise agreement and award coverage, responding to industrial action by seeking orders to stop such action and running a legal lens over contractor management systems.
We support employers managing the return of injured workers with policy and procedures, inherent requirements assessments, return to work plans, termination of employment, workers' compensation, 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.
Clients ask us to conduct executive briefings on governance, liability and regulatory change, and 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.