Employment, Workplace relations & Safety
Emma advises domestic and international private sector employers, and Australian State, Federal and local government employers, on all aspects of employment law, industrial relations, work health and safety and discrimination law.
With more than 20 years’ experience, Emma has worked for major Australian law firms, employer associations, in-house and in government roles, (including three years as a senior and Principal Lawyer (a/g) with the Fair Work Ombudsman). This experience allows Emma to consider and evaluate legal situations from a range of perspectives, enabling her to give focused, practical and pragmatic advice to her clients that takes into account all legal, commercial and contextual considerations.
As co-author of the text General Protections under the Fair Work Act, Emma has particular interest and expertise in relation to the general protections and adverse action provisions in Part 3-1 of the Fair Work Act 2009 (Cth). She regularly advises and conducts litigation in this area. She also has extensive experience of matters relating to legislative and industrial instrument (award and enterprise agreement) application and compliance; transfer of business; enterprise bargaining; management of industrial disputes and action; award review processes; executive remuneration; management of employee conduct and performance; termination of employment; management of ill and injured workers; issues relating to the distinction between employment and other types of relationship (such as independent contractors); workplace bullying; restraint of trade; and employment-related litigation in the Fair Work Commission and Federal and State courts.
Emma regularly undertakes independent workplace investigations for employers, particularly in relation to allegations of bullying and misconduct, and provides guidance and training for employers undertaking their own investigation processes.
She also teaches in the employment law program at Monash University, is regularly published in Australian law journals on a range of workplace law issues, has for several years authored the Victorian and Tasmanian employment law chapters for the encyclopaedia Halsbury’s Laws of Australia, and has previously been an editor of the Australian Journal of Labour Law.