Employment, Professional Conduct and Safety

What We Do

Makinson d’Apice’s specialist Employment, Professional Conduct and Safety team has successfully represented employers for more than a decade across a diverse range of industry sectors including Government, Insurance, Health, Education, Charity and Not-for-Profit and the Private sector. 

We resolve all sensitive claims that can arise in workplaces such as those involving bullying, discrimination, disabled or vulnerable claimants and sexual assault matters in an efficient and appropriate manner.  We are always mindful to resolve such matters sensitively and appropriately and to minimise any adverse publicity and reputational damage to our clients.

We have a strong record of success in settling matters via alternative dispute resolution methods. Should a matter not settle by ADR, we are experienced in representing clients in the Fair Work Commission, NSW Industrial Relations Commission, common law / statutory bullying & harassment claims, and complaints made to the Australian Human Rights Commission or Anti-Discrimination NSW, Federal Court of Australia, Federal Circuit Court of Australia and the NSW Civil and Administrative Tribunal. 

Our Areas of Expertise 

Employment Law

Representing and advising our clients on termination, suspension, demotion and transfer, redundancy, award and agreement entitlements, leave entitlements, flexible work arrangements, promotions, recruitment and discrimination matters, work related injury claims, termination on medical grounds, employment obligations in the course of internal disciplinary investigations, and performance management. 

Employment Contracts

Acting on behalf of employers and employees in relation to all contracts and agreements, including individual and collective employment agreements, labour hire, contractor agreements, preparing and negotiating key person contracts, as well as well as developing tailored and standard form agreements.

Policy and Procedure Advice

Assisting employers in implementing workplace policies, procedures and strategies based on risk management and compliance issues.  
 

Awards and Agreements

Advising clients on a range of industrial awards and agreements. 

Contractual Disputes

 Acting in all aspects of contractual obligations and disputes including bringing and defending claims for damages arising from breach of contract and advising clients on their rights and obligations under contracts and on the enforceability of contracts including advising on restraints of trade.

Defamation

Experience in prosecuting or defending claims of defamation and injurious/malicious falsehood.  As part of our defamation advice and representation we also work closely with insureds on reputational risk matters and crisis management support. 
 

Discrimination, Bullying and Harassment

Representing and advising our clients on all types of workplace discrimination, bullying and harassment.  We also have extensive experience acting for the law enforcement and education sector entities involving sex discrimination, disability discrimination, racial discrimination and age discrimination.

Law Enforcement Employment Issues

Representing law enforcement bodies on review of disciplinary orders and review of orders relating to removing officers from duty.

Privacy

Providing advice on privacy and confidentiality clauses in for example employment contracts, and complex privacy issues relating to collection, use and access to private information.