The Kells team has experience in all aspects of employment, industrial and occupational health and safety matters and is well placed to provide pragmatic advice on matters arising under the Fair Work Australia regime and NSW occupational health and safety laws.
Kells focuses on getting claims resolved with the least impact on our clients possible. Keeping clients out of court and resolving disputes in the least adversarial and mutually advantageous way is our first priority. To achieve this, our team has experience in a range of mediation skills as well as access to external mediation facilities and legal and non-legal specialists.
On those occasions where litigation through the courts is the most effective process for achieving resolution and compensation, Kells’ lawyers work with our clients to manage the conflict process in the most effective way, at all times ensuring clients are kept up-to-date with progress and are fully informed.
The team is able to provide an extensive range of services, including:
- representation and advocacy before Fair Work Australia and the Industrial Relations Commission of NSW
- compliance of policy training and safety documents
- compliance with industrial relations and awards
- discrimination and harassment
- employment contracts and contract arrangements
- employees’ entitlements, rights and conditions
- enterprise agreements
- issues relating to outsourcing
- Occupation Health and Safety Act compliance
- Occupation Health and Safety Act prosecutions
- strategic workplace relations advice
- termination of employment negotiations and documentation
- unfair dismissal and unlawful termination claims
- workplace accidents
- industrial disputes.
Occupational Health and Safety Act prosecutions
Kells has acted for numerous companies in defending and advising on prosecutions under the Occupational Health and Safety Act. We have successfully defended matters before the Chief Industrial Magistrate and regularly appear in the Industrial Court of NSW. We have also been successful in pleas to the industrial court in mitigation and have achieved for one of our corporate clients the very rare result of avoiding the entry of a conviction.
Kells’ approach in this area is seen by its clients to be pragmatic. Kells prides itself on providing advice to clients that can assist them in the early resolution of disputes and avoiding protracted and expensive issues.