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Mandi Xu

Special Counsel

People

Mandi Xu

Mandi Xu

Special Counsel

People

Mandi Xu

Mandi Xu

Special Counsel

Full Profile

With over ten years of employment and workplace relations expertise, and recent in-house experience, Mandi provides solution-focused legal and strategic advice to her clients on a broad range of matters including:

  • employment-related disputes;

  • discrimination, harassment and workplace bullying;

  • workplace investigations;

  • cross-border employment arrangements; and

  • managing, incentivising and retaining employees and executives.

Mandi has had carriage of employment litigation in State and Federal courts and tribunals including the Fair Work Commission, the Federal Circuit Court of Australia, the Supreme Court of New South Wales, the New South Wales Court of Appeal, the Anti-Discrimination Board of New South Wales Court, the New South Wales Court Civil and Administrative Tribunal, and the New South Wales Court District Court.

She also has specialist expertise in advising private, public and listed companies on their executive remuneration strategies and developing equity-based and cash-based incentive arrangements by drawing on her legal expertise in that area and previous tax experience.

Experience
  • Employment law and workplace relations – Developing and advising on a suite of legal documentation for multi-national and Australian companies (including employment contracts for employees and senior executives, company policies and procedures, contractor/consultancy agreements, restraint of trade agreements, and volunteer arrangements), advising on employee rights and entitlements, and providing strategic legal advice on compliance with modern awards and enterprise agreements  

  • Cross-border employment arrangements – Conducting reviews of global employee handbooks, policies and procedures for a number of multi-national companies to ensure compliance with Australian laws, conducting multi-jurisdictional employment compliance reviews, advising on Australian employment law aspects of global group restructures, and preparing international assignment/secondment and transfer documentation  

  • Employee and workplace issues – Providing practical legal solutions and strategic advice to clients on a broad range of employee and workplace issues, including performance, misconduct, bullying, harassment, sexual harassment, discrimination and illness/injury

  • Workplace investigations – Conducting, and providing legal support to clients on, workplace investigations into whistleblowing matters and employee misconduct, including allegations of bullying, harassment, sexual harassment, discrimination, fraud, conflicts of interest and maladministration

  • Mergers and acquisitions – Conducting over 30 employment due diligence in relation to domestic and cross-border business acquisitions, mergers and share sales, and providing strategic advice on post-acquisition integration

  • Employee incentives and executive remuneration – Providing employment and securities law advice on all aspects of the design, implementation and maintenance of employee and executive incentive plans for private, public and listed companies, which involve different types of equity-based and cash-based awards (including shares, options, performance rights, share appreciation rights, loan funded-shares and converting shares) as well as preparing all necessary legal documentation

  • Termination of employment and restructures – Advising clients in relation to termination of employment (including executive terminations) as well as organisational restructures and redundancies

  • Unfair dismissal claims – Advising on and representing clients to defend unfair dismissal claims in the Fair Work Commission

  • General protections claims – Advising on and representing clients to defend general protections claims in the Fair Work Commission and the Federal Circuit Court of Australia

  • Other employment-related disputes – Advising on and representing companies in other employment-related disputes, including defending an application for an order to stop bullying in the Fair Work Commission, defending a complaint to the Anti-Discrimination Board of New South Wales and subsequent legal proceedings in the NSW Civil and Administrative Tribunal, a restraint of trade dispute in the Supreme Court of New South Wales, and proceedings before the Supreme Court of New South Wales and the Court of Appeal in relation to a dispute with a former employee over loan funded shares valued over $1.5 million

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Expertise

Mandi is an employment lawyer with extensive experience advising employers on contentious and non-contentious matters covering all areas of employment law and workplace relations. She also has specialist expertise in executive remuneration and employee incentive schemes.

Offices & Regions covered