Dominic Russell is a Special Counsel working within Coleman Greig's Employment Law team.
As an employment law expert with significant experience in complex commercial and employment litigation matters, Dominic acts for companies, boards and high net worth individuals across a range of industries - including financial services, insurance, engineering, mining, manufacturing, construction and professional services.
An experienced litigator, Dominic has acted in proceedings throughout all courts within the NSW and Federal jurisdictions, and has developed a specialised practice in the enforcement of post-employment contractual and common law duties, including restraints of trade, protection from misuse of confidential information.
Dominic's experience in this practice area includes:
- Successfully enforcing a contractual restraint of trade formed under the laws of Connecticut, USA in the Supreme Court of Western Australia, securing a 2 year non-compete restraint on a former sales director of a US based engineering firm.
- Acting for an ASX-listed company in Federal Court proceedings to protect a subsidiary from a national competitor that had been established by 15 of its former employees.
- Successfully defending proceedings in the Supreme Court of NSW against the managing director of a financial services business.
- Acting for the Australian branch of a large listed multinational corporation where he was successful in enforcing 3-year non-compete and non-solicitation restraints under a sale of business agreement.
Dominic also has significant experience in data protection matters, and is regularly involved in interlocutory proceedings for the preservation of data and information. These proceedings have included successfully obtaining orders for the preservation of commercially sensitive information, as well as obtaining and executing search orders for the seizure of physical documents and electronic devices.
In addition to his trade secrets practice area, Dominic has been involved in a range of complex general employment litigation matters. These have included proceedings across the construction, manufacturing and banking industries relating to severance and discretionary bonus entitlements for senior executives, and proceedings relating to sham contracting arrangements and the common law distinction between contractors and employees.
An astute and strategic thinker, Dominic is able to effectively assist clients on employment law issues including:
Dominic's corporate advisory experience includes:
- Representing franchisees subject to investigations by the Fair Work Ombudsman in relation to allegations of sham contracting and underpayment of entitlements;
- Acting for companies in the negotiating and approval of enterprise agreements in the Fair Work Commission across the construction, logistics, petroleum and manufacturing industries;
- Advising the board of an ASX 100 entity on the termination of its CEO for misconduct during a takeover bid;
- Advising and acting for companies with regard to statutory and award compliance during major restructuring; including management of redundancies, transfer of employment and consultation obligations.
Dominic has been involved in three cases (McKeith v Royal Bank of Scotland Group plc; Royal Bank of Scotland Group plc v James (2016) 92 NSWLR 326, UGL Rail Services Pty Limited v Janik (2014) 246 IR 320, and Ace Insurance Limited v Trifunovski (2013) 209 FCR 146) which are featured in depth in Macken’s Law of Employment - the principle employment textbook prescribed by the Law Society for the employment law specialist accreditation course, as well as employment and labour law units throughout Australian universities.
In 2017, Dominic also wrote a chapter, 'Employees vs Independent Contractors' published in the annual L&E Global Law Handbook.