Sean practices in all areas of employment law and litigation, including the preparation of contracts and policies, advice about entitlements/compliance, restructuring/redundancy and representation in disputes (dismissals, discrimination, post-employment restraints and confidentiality).
Sean also practices in industrial law, including the development of industrial relations strategies, preparation and negotiation of enterprise agreements, responding to industrial action and representation in disputes. Sean has special interests in non-standard labour practices (such as labour hire and the use of casual employees and independent contractors) and supply chain transparency (with a particular focus on labour law compliance and mitigating modern slavery risks in local and global supply chains).
Sean has been conducting employment/industrial relations due diligence exercises and associated transactional work with his corporate colleagues for over 20 years. This work has been in a wide range of industries, including manufacturing, mining, energy, retail, health, finance, transport and infrastructure.
Sean appears in all relevant jurisdictions — the Fair Work Commission, all Victorian and Federal Courts, the Victorian Equal Opportunity and Human Rights Commission, the Victorian Civil and Administrative Tribunal and the Australian Human Rights Commission.
Representative Legal Matters
- Representing a business in a large class action alleging sham contracting, non-payment of minimum entitlements and accessorial liability.
- Represented the owner and operator of a coal mine and electricity generation plant in the La Trobe Valley (Victoria) in numerous industrial disputes and hearings before industrial tribunals.
- Represented a multinational food manufacturer in numerous industrial and employment disputes and in legal proceedings in various jurisdictions.
- Represented a client who supplied the labour for the laying of a sub-sea gas pipeline between Victoria and Tasmania. This matter involved several proceedings in an industrial tribunal and in the Federal Court, including injunctive and contempt proceedings.
- Conducted major fraud and misconduct investigations.
- Represented a range of employers in disputes with the Fair Work Ombudsman.
- Assisted a range of clients with their preparations for modern slavery reporting and drafting of modern slavery statements.
- Assisted a range of employers with award compliance programs.
- Assisted a range of employers with the development of suites of employment contracts and policies.
Professional Associations and Memberships
- Australian Labour Law Association - Member
- Law Institute of Victoria - Member
- Industrial Relations Society of Victoria - Member
- Victoria~Australia (1986)
- High Court of Australia~Australia (1986)
- Supreme Court of Victoria~Australia (1986)
- Monash University (LL.B., Honors) (1984)
- Monash University (B.A.) (1982)
- Executive Remuneration Review, Australian Chapter, 2nd to 11th editions, 2013-2022, The Law Reviews
- Anti-slavery contract clauses, NDEVR Human Rights, September 2021
- Serial harassers - the dangers of turning a blind eye, HR eSource, September 2013
- CBA vs Barker: Implied terms in the spotlight, HC Online, September 2013
- Sham contracting - ODCO triumphs, but no one is left smelling sweet, Employment Law Bulletin, September 2013
- Employment law update, Legalwise, 30 March 2022
- Second slavery statements, Baker McKenzie/NDEVR Human Rights, September 2021
- A holistic look at the transition to year two of Modern Slavery Act reporting, Baker McKenzie/NDEVR Human Rights, May 2021
- ESG - what is it, why does it matter and what should corporate counsel know and do about it? Association of Corporate Counsel, September 2021
- ESG litigation - discovery, diligence and disclosure, UBS, September 2021