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Megan Cant

Special Counsel - Sydney

Areas of Expertise

Workplace Relations & Safety

Expertise

With specialist experience of more than nine years, Megan is an expert adviser in all areas of employment, industrial relations, and work health and safety law. Megan partners with employers and directors and has particular industry expertise in media, professional services, construction, prestige and luxury goods and automotive, cash-in-transit, tourism, superannuation and health.

Megan appears in all Federal and State courts, tribunals and the Fair Work Commission and is notable for her discreet management of highly litigious and complex claims. Megan has significant experience in the resolution and strategic management of disputes arising under anti-discrimination and industrial laws as well as guiding employers in critical incident investigations and defending work health and safety criminal prosecutions.

Megan’s practice also includes partnering with her clients in navigating workplace change in the complex Australian industrial landscape. She works with her clients to identify the core workplace issues they are facing and working together to develop tailored, effective and commercial solutions.

Experience

Megan’s recent experience includes:

  • advising employers and people managers on the full spectrum of employment law, including workplace issues arising from COVID-19, the review and drafting of policies and contracts for senior executives, employees and independent contractors, managing bullying and other workplace complaints, advising on privacy and misconduct and performance issues, and the management of ill and injured employees
  • working with employers in scoping their workforce to develop pragmatic and strategic change management plans in the context of restructures, mergers and acquisitions, and challenging economic circumstances
  • acting for employers in State and Federal courts and tribunals in employment and industrial related litigation, including union right of entry disputes and high profile sexual harassment, discrimination and vilification litigation
  • guiding employers, directors and safety managers through all stages following a critical safety incident, including regulatory investigations and work health and safety prosecutions
  • advising employers on dealing with regulators including the Fair Work Ombudsman in compliance with modern awards and underpayment disputes
  • conducting and advising on workplace investigations, including routine as well as complex and sensitive investigations
  • advising on post-employment conduct, including discovery of fraud and enforcing post-employment restraints of trade
  • defending general protections, unfair dismissal and unlawful termination disputes, including successfully pursuing jurisdictional objections to eliminate proceedings prior to a substantive hearing.

Publications

07 March 2022 - Knowledge

Contractor vs employee: The new legal approach

#Workplace Relations & Safety

The High Court has recently clarified how employers determine whether a worker is an independent contractor or employee. What is the new approach, and how may it affect you?

16 February 2022 - Knowledge

NSW Government Bulletin

#Government, #Workplace Relations & Safety

A recent case before the NSW Civil and Administrative Tribunal demonstrates the risks of unlawful age discrimination and the need for an employer to treat each job applicant with respect.

08 September 2021 - Knowledge

COVID-19 employer vaccination incentives – a cash grab for the jab?

#Workplace Relations & Safety, #COVID-19

The Therapeutic Goods Administration now permits employers to incentivise and advertise the COVID-19 vaccine. We set out what employers can and cannot do, and the applicable rules and legal risks regarding vaccination incentives.

15 September 2020 - Knowledge

Can restraints in shareholder, share sale and business agreements be enforced?

#Corporate & Commercial Law, #Workplace Relations & Safety

Can restraints, like non-compete and no-poach undertakings, in shareholder agreements and sale agreements be enforced? The short answer is generally yes.

21 July 2020 - Knowledge

Reducing full-time hours while increasing part-time hours in a JobKeeper enabling stand down direction deemed “unreasonable”

#Workplace Relations & Safety

A JobKeeper enabling stand down direction that has a disproportionate and unfair impact on one category of employee over another is deemed unfair, unreasonable, and therefore, unenforceable by the Full Bench of the Fair Work Commission.

17 June 2020 - Knowledge

Court confirms long term casual employment is not all it seems

#Workplace Relations & Safety

A ruling from the Full Bench of the Federal Court has confirmed that annual leave, compassionate leave and personal leave is payable to employees who have been incorrectly regarded by employers as long-term casuals.

Upcoming Seminars