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Workplace Relations for Employees

Our specialist Workplace Law Group has extensive experience in all aspects of workplace relations law. We understand the legal issues relating to recruitment, engagement and termination of employment, as well as the matters that arise both during and after the employment relationship.

Workplace Relations for Employees

Holding Redlich offers our clients practical, accessible, responsive and effective advice, with an emphasis on solutions based strategies and advice, and a focus on dispute resolution rather than litigation. However, when litigation is needed, we have the expertise and experience to run matters in all jurisdictions.

Expertise

We provide a comprehensive employment and industrial relations service to our clients. 

Areas of experience and expertise include:

  • negotiating terms and conditions of employment as well as drafting contracts of employment
  • providing advice on exit strategies from existing employers including dealing with existing restraints of trade and managing obligations in respect of confidential information and intellectual property
  • advising on employment issues relating to management buy outs and other business initiatives pursued by executives
  • advising on disciplinary matters and disputes over performance
  • providing advice in respect of Equal Employment Opportunity and discrimination matters including returning to work and parental leave issues
  • advising on and acting in contractual disputes relating to the termination of employment, including entitlements to reasonable notice or bonuses together with the retention of share options and other share based benefits
  • advising on and acting in proceedings concerning misleading and deceptive conduct in breach of the Trade Practices Act 1974
  • advising on and acting in unfair dismissal claims
  • advising on and acting in restraint of trade and confidentiality disputes
  • advising in respect of migration issues (including 457 Visa scheme issues)
  • acting for professionals in defending complaints made against them in professional tribunals or boards.

Experience

  • preparing and reviewing service agreements for senior executives
  • negotiating terms of separation for CEOs and other senior management, together with drafting and reviewing agreements that regulate separation
  • acting for a senior executive in Federal Court proceedings alleging, among other things, misleading and deceptive conduct by his former employer. The verdict is one of the leading decisions in this area and is reported as Walker v Citigroup Global Markets Australia Pty Limited [2006] FCAFC 101
  • acting in Equal Employment Opportunity proceedings in which the highest award in Victoria was made for pain and suffering arising from sexual harassment and discrimination. This decision was reported as State of Victoria v McKenna (1999) 140 IR 256
  • acting in Equal Employment Opportunity proceedings which resulted in one of the leading decisions on carer's responsibility discrimination and which is reported as State of Victoria v Schou (No 2) - (2004) 8 VR 120
  • acting for executives who have restraint of trade action taken against them by a former employer
  • acting for senior executives on their movement between listed companies, including, dealing with all issues surrounding short term incentives, long terms incentives, restraints of trade and confidentiality together with Corporations Act and Listing Rule issues
  • acting for professionals in defending complaints made against them in professional tribunals or boards.

Key Contacts

Evan Willis

Evan Willis

Partner

Melbourne
David Shaw

David Shaw

Consultant

Melbourne
James Stedman

James Stedman

Senior Associate

Melbourne
Sam Hayward

Sam Hayward

Senior Associate

Melbourne

Recent Posts

16 February 2022 - Knowledge

Out of hours conduct a sufficient reason for employee dismissal, FWC rules

#Workplace Relations & Safety, #Workplace Relations for Employees

The Fair Work Commission has ruled on an unfair dismissal claim by a veteran senior bank employee who was terminated for serious misconduct after attending a work-related event.

19 January 2022 - Knowledge

Fair Work Commission upholds dismissal of unvaccinated worker

#Workplace Relations for Employees, #COVID-19

The Fair Work Commission has confirmed that an employee’s dismissal for refusing to comply with a Victorian COVID-19 vaccination mandate was not unfair.

29 September 2021 - Knowledge

‘Contractor’ deemed an employee for superannuation, Tribunal rules

#Workplace Relations for Employees

The Australian Administrative Appeals Tribunal has recently held that a ‘contract’ music teacher was in fact an employee. Therefore, his employer should pay superannuation.

05 May 2021 - Knowledge

Employee sharing investigation details with their partner not a valid reason for dismissal

#Workplace Relations for Employees

The Fair Work Commission has ruled that an employee who disclosed details of a workplace investigation to their partner was unfairly dismissed because a direction to confide only in their lawyer was unreasonable.

23 March 2021 - Knowledge

Employer appeals $5.2 million general protections ruling

#Workplace Relations for Employees

An appeal of the Federal Court’s landmark decision to award $5.2 million to a dismissed senior executive will be heard by the Full Court in June.

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

Holding Redlich © 2024