A coordinated and proactive employment and workplace relations strategy is essential to help organisations to achieve their business objectives, to minimise the costs associated with disputes and non-compliance, and to reduce their workplace risks. Brett works closely with his clients so that their employment and workplace relations policies and practices are legally compliant and reflect industry best practice, but are also aligned and complementary to their core business objectives.
Brett specialises in the employment and securities law aspects of employee equity plans, profit sharing and bonus schemes, and employee share trust arrangements.
He assists clients in all phases of the people/employment life cycle - pre-employment, employment and post-employment issues.
Pre-employment:
- setting up systems to assist clients to hire the right people and ensure compliance with relevant laws, such as privacy and anti-discrimination legislation
- advising on the legal aspects of international assignments both into and out of Australia
- developing and implementing agreements to suit business strategies
- advising on compliance issues in relation to contractors
- identifying employment and industrial relations risks associated with the sale, merger, outsourcing or restructuring of businesses, and developing strategies and solutions to identify and address the associated risks.
Employment:
- developing and reviewing employment contracts, policies and other workplace agreements, particularly for senior executives
- ensuring compliance with the Fair Work Act, National Employment Standards, and modern awards
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- providing workplace training – covering workplace relations issues including sexual harassment, discrimination and equal opportunity, occupational health and safety, and email
- providing strategies to deal with employee performance and misconduct issues
- assisting with workplace restructuring – “right-sizing” a workforce in line with business strategy, redundancy or re-deployment
- assisting in the investigation and resolution of allegations in relation to discrimination (sex, race, disability, age etc), sexual harassment and bullying, developing and reviewing appropriate policies and procedures, and representing clients in related litigation
- conducting workforce risk assessments, developing and reviewing appropriate policies and procedures, and defending prosecutions in relation to occupational health and safety
- providing representation and advocacy before relevant courts and tribunals.
Post-employment:
- helping clients to avoid the traps and pitfalls when implementing terminations
- advising on and representing clients involved in unfair dismissal, wrongful dismissal and unlawful termination litigation
- advising on the misuse of confidential information/trade secrets and intellectual property protection
- providing strategies to prevent former employees from poaching other employees or clients, or commencing employment with a competitor.
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