Dominic Russell is an employment law expert with significant experience acting for corporate clients and high net worth individuals in complex commercial and employment matters across a range of industries including banking, insurance, mining, construction and professional services.
An astute and strategic thinker, Dominic is able to successfully assist in a broad spectrum of employment law matters including the preparation of employment and independent contractor agreements, negotiating and drafting enterprise agreements, termination of employment, and unfair dismissal and general protections claims. He also has substantial experience in protection of confidential information and trade secrets, as well as business restructuring and change management.
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 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 termination of its CEO for misconduct during a takeover bid;
- Acting and advising companies in relation to statutory and award compliance during major restructuring, including management of redundancies, transfer of employment and consultation obligations.
An experienced litigator, Dominic has acted in proceedings in the Fair Work Commission and all Courts within the NSW and Federal jurisdictions, including proceedings in the NSW Court of Appeal and the Full Court of the Federal Court.
Complex employment litigation matters that Dominic has been involved in include:
- Proceedings in the NSW Supreme Court and Court of Appeal across the construction, manufacturing and banking industries in relation to severance and discretionary bonus entitlements of senior executives following termination;
- Proceedings in relation to sham contracting arrangements, including Federal Court proceedings where five independent contractors were found to have been employees at common law and were therefore entitled to benefits and protections provided under workplace legislation;
- Acting for Australian and US companies, as well as defendants in the Supreme Courts of NSW and Western Australia in proceedings to enforce contractual restraints of trade and for the protection of confidential information.
In 2017, Dominic also wrote a chapter, 'Employees vs Independent Contractors" published in the annual L&E Global Law Handbook.