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Michael Hope

Senior Associate - Sydney

Areas of Expertise

Workplace Relations & Safety

Expertise

Michael’s practice covers workplace relations, partnership disputes and work health and safety law. He acts for employers, employees and partnerships in a wide range of matters, including unfair dismissal and general protections claims (for both employers and employees), discrimination claims and safety prosecutions. 

He works with clients across a range of sectors, including finance, construction, communications, media and other professional services. Michael has also acted on behalf of various State and Federal government departments.

Experience

Michael’s experience includes:

  • assisting in disputes and litigated claims before the Fair Work Commission, Federal Court of Australia, District Court of NSW and Supreme Court of NSW
  • advising senior managers on exit strategies from their employment and post-employment claims
  • drafting and providing advice on employment contracts, contractor agreements, contractor arrangements and company policies 
  • preparing advice on issues in relation to the termination of employment, including summary dismissals and redundancies, and the risk of unfair dismissal or general protections claims stemming from the potential termination
  • preparing advice to employers on enforcing post-employment restraints including non-solicitation and non-competition clauses
  • preparing work health and safety advice, and advising employers who have been investigated and prosecuted by SafeWork NSW.

Publications

18 July 2024 - Knowledge

NSW Government Bulletin: Officer's WHS due diligence obligations – clarification on 'reasonable steps'

#Government, #Workplace Relations & Safety

Two recent unsuccessful prosecutions against officers of PCBUs have assisted in clarifying what measures and steps undertaken by an officer will be deemed appropriate to meet their due diligence obligations under WHS laws.

27 March 2024 - Knowledge

Enforcing restraints of trade: Three month delay dooms employer's case

#Workplace Relations & Safety

Time is of the essence for employers seeking to enforce restraint of trade provisions against former employees with a three-month delay sufficient to thwart an employer’s application for interlocutory relief.

01 February 2024 - Knowledge

Understanding employment contracts: The importance of an effective set-off clause (Part 3)

#Workplace Relations & Safety

We continue our series by examining ‘set-off’ clauses within employment contracts and reviewing court authority on the risks of not including a set-off clause in the employment contracts of employees covered by a modern award or enterprise agreement.

01 November 2023 - Knowledge

Understanding employment contracts: Key considerations for policy clauses (Part 2)

#Workplace Relations & Safety

In this instalment of our series on employment contracts, we delve into policy clauses and the associated risks to your business in respect of these clauses.

08 August 2023 - Knowledge

Understanding employment contracts: Employer’s discretion on bonus payments (Part 1)

#Workplace Relations & Safety

In this new series on employment contracts, we highlight standard clauses which regularly end up the subject of dispute, why these disputes arise and how they can be avoided. In this first instalment, we explore standard clauses and an employer’s right to exercise discretion over bonus payments.

05 July 2023 - Knowledge

Enforcing restraints of trade: Tips for employers

#Workplace Relations & Safety

In a recent judgment, the Federal Court highlights a number of practical tips for employers to consider when enforcing restraints of trade and key considerations for an employee ‘exit’ process.