Workplace Disputes

Henry Davis York's team of lawyers are experienced in the full range of workplace issues including employment disputes, discrimination claims, OH&S investigations and WorkCover prosecutions.

Our approach

When the stakes are high, we understand that clients need pragmatic and legally astute advice which is based on a real understanding of their business objectives. Our approach is to work closely with clients from the moment a dispute appears, to ask the right questions and to assess the risks involved to minimise the risks to the organisation and its reputation. In all cases we focus on the commercial goal and conduct cases to achieve that goal.

Advocates

When conducting matters for clients we regularly appear as the advocate, including in defended hearings. We have appeared before the full bench of Fair Work Australia, the Supreme and Federal Courts, and in the Administrative Decisions Tribunal.

Investigations

We regularly undertake complex or sensitive investigations. Issues usually involving senior executives or business sensitive issues. We also regularly advise on investigations conducted internally by clients or when using external investigators.

Our expertise includes:

• employment disputes
• discrimination claims
• discipline investigations and disputes
• OH&S investigations
• WorkCover prosecutions.

Restraint of trade

We have represented a number of clients in restraint of trade issues including enforcing restraints and avoiding the impact of restraints which are uncertain and unreasonable.

Maersk Australia Pty Limited

We successfully defended Maersk Australia Pty Ltd at first instance and on appeal in an application brought by an employee whose employment ended in accordance with the terms of a confidential deed of release. The employee's application was made outside the prescribed statutory time limit.

Australian Nuclear Science and Technology Organisation

We successfully defended Australian Nuclear Science and Technology Organisation (ANSTO) in a number of applications, including dispute proceedings, brought by an employee over a four year period in connection with the termination of his employment

Financial services client - termination of chief executive

We advised a financial services client on the termination of employment of its chief executive which included advice on the interpretation of complex contractual bonus provisions. We worked with a leading accountancy firm to obtain an expert report to assess the valuation of claims for bonuses and share options.

Breach of contract

We successfully assisted a leading derivatives market maker resolve a Supreme Court breach of contract claim brought by three former employees. The employees alleged that they were entitled to significant bonuses under their contracts of employment.

Adverse action claim

We advised a client in the manufacturing industry in connection with an adverse action claim in the Federal Magistrates Court. The claim included allegations of victimisation and contravention of workplace rights arising from the employee's workers' compensation claims.

Woolworths

We appeared for Woolworths with successful outcomes in two major test cases on the Fair Work Australia Act. See our case study Woolworths - Fair Work Act Test Case.

Dismissals

We have successfully upheld a range of dismissals involving, fraud, safety breaches, harassment and breaches of conduct rules.

Industrial claims

We have successfully opposed ballot orders and obtained orders to stop industrial disputes. We have successfully defended claims aimed at preventing staff restructures and obtained orders interpreting enterprise agreements to allow our client to get on with running their business.

"Henry Davis York presents as a serious challenger to the nationals for top spot, yet the remainder of NSW firms struggle to rate a mention when it comes to employment law."
Doyles Guide to the Legal Profession 2009