Elizabeth brings to Clyde & Co her in depth experience and understanding of employment law having worked exclusively in private practice in the area of employment law for over 9 years.
Elizabeth regularly advises on and acts for clients in relation to breach of contract claims, employee / contractor claims, restraint of trade claims, unfair dismissal claims, general protection claims, Fair Work Ombudsman investigations and prosecutions, work health and safety prosecutions and discrimination and harassment claims. Elizabeth appears on behalf of clients in State and Federal court and tribunals and across a number of jurisdictions including the Federal Court, the Federal Circuit Court, the Fair Work Commission (and its predecessors), the Australian Human Rights Commission, the civil Courts of NSW, Victoria and the ACT.
In addition, Elizabeth presents client and external seminars and training in the areas of performance management, workplace investigations, bullying and compliance with anti-discrimination laws.
Elizabeth is committed to working with clients to provide tailored, pragmatic and timely advice and representation, to assist clients achieve legally and commercially effective solutions.
Employee entitlements – advising and representing clients in relation to complaints before the Fair Work Ombudsman and subsequent prosecuted matters. Currently representing a client in proceedings commenced by the Ombudsman alleging workers were incorrectly classified as contractors and seeking payment of employee entitlements.
Restraint of trade – advising and representing clients in relation to restraint of trade claims including representing clients in urgent interlocutory applications. Recently successfully represented a Real Estate Employer enforce a post-employment restraint and recover damages from a former employee.
Work health and safety – provide advice on work health and safety obligations and represent clients in work health and safety prosecutions. Currently representing a client defending a work health and safety prosecution arising from a fall from heights in the aviation industry.
Discrimination and harassment – advising and representing employers in claims arising under both State and Federal anti-discrimination legislation including conducting complex and sensitive negotiations in relation to discrimination and harassment claims to achieve confidential and commercial outcomes.
General Protections claims – advising on and representing clients defend general protections complaints before the Fair Work Commission and Federal Court and Federal Circuit Court of Australia proceedings. Recently represented a client in relation to an alleged general protections claim obtaining an early and particularly favourable commercial resolution.
Unfair dismissal claims – representing clients defending unfair dismissal complaints before the Fair Work Commission. Priding herself on high settlement rates with excellent commercial outcomes and successfully defending recent arbitrated matter which arose from a performance related dismissal.
Managing ill and injured workers – advising and assisting clients navigate the complex overlapping statutory provisions which apply to the management of long term ill and injured workers including the management of mental illness in the workplace. Recently representing an employer in the health services industry manage the exit of an employee suffering a long term injury and permanent incapacity.
Employee misconduct, performance management and disciplinary matters – advising clients on misconduct, performance management and disciplinary matters. Assisting clients meet the procedural requirements necessary for robust performance management and investigation of misconduct and disciplinary matters. Conducting workplace investigations for clients on sensitive and complex misconduct and disciplinary matters, including investigations involving executive and senior managers.
General employment law – drafting and advising on employment contracts, confidentiality agreements, restraint of trade, employee incentive schemes, enterprise agreements and workplace policies