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Employment Litigation

Pre-eminent contentious capability on bet-the-house employment issues

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Many organisations will, on occasion, face employment challenges that pose significant financial, commercial and reputational risks. We provide our clients with assurance when they need to achieve the best outcome in bet-the-house disputes. 

We can help you with a range of issues including senior executive disputes, discrimination claims, cross-border investigations, whistle-blowing proceedings and disputes with trade unions involving bargaining rights or industrial action.

As the "go-to firm" for complex litigation, particularly in regulated sectors with high risk investigations or those with a multi-jurisdictional element, we draw on extensive experience to deploy novel, multi-disciplinary strategic analysis to achieve our client's objectives.

We work with multinational corporations and financial institutions and are regularly instructed on boardroom disputes for listed companies. We take a cross-practice approach and work closely with related areas including our international remuneration and incentives and corporate governance teams to cover all aspects of these complex matters globally.

In our clients' interests, we promote the resolution of employment disputes via alternative forms from the traditional civil courts and domestic tribunals, including the use of domestic and international arbitration, mediation, early neutral evaluation and expert determination. We also have extensive experience advising before all national and international courts.

As a global employment practice we advise on a wide range of contentious employment issues across the UK, Europe, Asia, the Middle East, Africa, Australia and the US. Our practice also deals with complex, multi-jurisdictional partnership or LLP disputes.

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Employment, Pensions and Incentives

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Recent Experience

Marathon Asset Management

Advising on various arbitral disputes with a co-founder and parallel proceedings in the London Commercial Court against a team of former employees and a former contractor 

Commonwealth Bank of Australia

Advising in a high profile whistle-blower proceeding

A major energy client

Advising on the contentious issues arising out of a restructuring including redundancies and changes to the terms and conditions of the employees of their confidential contractor, as well as threats of industrial action 

A global management consulting firm

Advising on a complex, cross-border employment dispute involving a team move (involving the UK, China, Hong Kong and the Netherlands) which arose after the client acquired a business in Greater China; and separately High Court litigation including an injunction in the UK in relation to a team move in Dubai and strategic considerations linked to associated proceedings in Dubai

Ernst & Young

Advising as the administrators of Nortel Networks UK Limited and its European subsidiaries on the employment issues arising from the administration of more than 30 subsidiaries in EMEA, including insolvency and restructuring issues, a series of substantial cross-border M&A transactions and various employment litigation in the UK and internationally 

CommSec and individual executives

Advising on Federal Court proceedings commenced by a former employee alleging sex discrimination and sexual harassment, disability discrimination, breach of implied terms of mutual trust and confidence and breach of trade practices legislation. The final hearing of the substantive case absorbed 94 hearing days with all respondents completely successful. The CBA Group (including CommSec) was awarded A$5.85 million in costs against the former employee

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