Employment and Workplace

Ellem Warren Lawyers provides all the employment and workplace solutions that businesses need.

Expertise

  • Advocacy and Dispute Resolution.
  • Bullying, Discrimination and Harassment.
  • Business Transfer and Insolvency issues.
  • Collective Agreements / Enterprise Bargaining.
  • Contractor / Labour Hire Management.
  • Employment Contracts.
  • HR Planning and Structuring.
  • Incident investigations.
  • Performance and Discipline management.
  • Policy and Procedure development.
  • Restraints and Confidentiality Protection.
  • Unfair Dismissals.
  • Workplace Health and Safety.

Experience

  • Reviewing engagement arrangements for a variety of businesses, including several in the construction, resources, manufacturing and transport industries, a national medical chain, a national accounting practice and a national contract cleaning business, including:
  • Employment contracts, including for executives with bonus, profit share and incentive schemes; independent contractor agreements;collective / enterprise agreements.
  • Developing workplace and privacy policies, including dealing with internet and email, alcohol and drug testing, bullying and discrimination, discipline, termination and procedural fairness.
  • Workplace health and safety advisory, including for mine sites (e.g. electrical injury), construction involving labour hire (loss of eye), manufacturing (stress) and a warehouse (fingers and spinal):

“front-end” – assisting with safety training, needs assessment, and incident management policies and procedures;

“back-end” – internal and regulatory agency investigations, prosecutions and personal injuries management (both statutory insurance schemes and common law claims).

  • Advising in regard to preserved entitlements and transitional issues for transfers of businesses and in insolvency, and GEERS.
  • Claims for damages and injunctive relief, for both employers and employees, in regard to restraints, confidentiality, intellectual property and “poaching” claims.
  • Handling numerous unfair dismissal claims, and discrimination and bullying claims, including for and against employers: e.g. pregnant woman against a marketing agency; Indian taxi drivers against newspaper; and criminal record discrimination in the Human Rights and Equal Opportunity Commission.
  • Investigations and handling of alleged criminal misconduct, including fraud and theft by a bookkeeper and sexual harassment and assault in a real estate office, and referral to the police.

Acting for a national labour hire business, and for joint venture parties on a mining infrastructure project, handling a range of issues involving overlapping responsibility.