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Michaela Moloney

Partner
+61.3.9640.4430
Fax +61.3.9205.2055
+61.8.9216.0900
Fax +61.8.9216.0901
+61.2.9513.2300
Fax +61.2.9513.2399

Ms. Moloney is a partner in the labour, employment and workplace safety practice, providing advice and supporting employers in all aspects of employment, industrial and discrimination law. She has significant expertise supporting government organisations and providing advice in the health and sporting industries.

In sensitive and high risk matters, Ms. Moloney is known as being a trusted advisor to her clients' C-suite, board and senior management and supports organisations to manage both internal and external stakeholders. Ms. Moloney conducts complex workplace investigations, including whistleblower complaints, particularly where allegations are levelled at members of senior management.

Ms. Moloney prides herself on partnering with clients to deliver proactive, straight talking practical solutions that align with an organisation's objectives and values. She works with clients to understand their requirements and seek an early resolution of workplace issues, whether they be individual grievances or collective disputes.

Where litigated claims cannot be avoided, Ms. Moloney has significant litigation experience and has successfully defended a number of large Australian employers in claims including unfair dismissal, discrimination, industrial disputes, general protections and breach of contract in the state and federal courts.

As a mediator, Ms. Moloney is able to facilitate mediations in all areas of employment and industrial law including bullying, discrimination and sexual harassment. She is also regularly invited to present training across the scope of her employment, safety, industrial relations and discrimination law expertise.

Achievements

  • "Leading" Employment Lawyer in Doyle's Guide
  • "Best Lawyer - Employee Benefits Law, Labour and Employment Law and Occupational Health and Safety Law" in Best Lawyers Peer Review

Professional/Civic Activities

  • Employment and Industrial Law Committee of the Workplace Relations Section of the Law Institute of Victoria member
  • Australian Human Resources Institute member
  • Board Member, Women's Information Referral Exchange
  • Acting for a federal government agency in enterprise bargaining including providing advice on compliance with the APS Bargaining Policy, good faith bargaining orders, assessing the proposed agreement against the BOOT and to ensure compliance with the Fair Work Act requirements and developing individual flexibility agreements under the new Agreement.
  • Advising on the management of workplace relations issues in a major outsourcing transaction by one of Australia's leading energy suppliers.
  • Providing advice to a state government department on the interpretation of enterprise agreement provisions and transfer of business issues arising from the transfer of services from the department to private sector providers.
  • Providing advice to a large construction company on industrial relations issues associated with a significant road project including advice on industrial strategy, right of entry, enterprise agreement interpretation and responding to protected industrial action to minimise its effect on operations.
  • Successfully defending a number of general protections, unfair dismissal and discrimination claims brought against Victoria public hospitals by both employees and patients.
  • Advising a large manufacturing employer on the management of unlawful industrial action, including seeking injunctive relief to prevent industrial action.
  • Advising a number of sporting organisations on the development of policy that guides applications by transgender and gender diverse sports people to participate in professional sporting competitions.
  • Supporting the internal investigation by a sporting organisation of a high-profile incident involving player misconduct and providing advice on the subsequent disciplinary process.
  • Advising a national importation business on the enforceability of post-employment restraints in its employment agreements and successfully obtaining an injunction in the Federal Court of Australia to prevent an employee continuing to operate a business in competition.
  • Successfully defending a number of Australian universities and secondary schools in unfair dismissal, general protections, breach of contract and discrimination claims brought by both employees and students.
  • Managing large scale investigations into employee conduct and bullying on behalf of a number of health organisations, including providing advice in respect of a concurrent investigation by WorkSafe.
  • Providing advice and assistance on the management of long term injured employees for a number of large employers in the manufacturing and health industries.
  • Delivering training to a state government department on conducting effective workplace investigations, particularly dealing with out of hours conduct and employee conduct that amounts to a criminal offence.