Long experience representing many of Australia’s leading employers has taught us that in employment litigation the identity of an employee’s representative (be it a solicitor, union, industrial agent, etc.) is a major factor in how employee litigation runs.The Juggler

Many representatives and firms in the employment market have a well-worn modus operandi. As practitioners, the more clearly we can identify and define the patterns, and develop tactics to anticipate and overcome them, the better the outcome that we can achieve for our client.  For example, the tactics typically utilised by a high volume, fixed-fee employee litigation firm (which we refer to as “The Juggler”) will be different from a firm that seeks to put pressure on an employer by damaging the corporate brand through the litigation process (“The Celebrity”).

A good battle plan should consider game play of not only your opponent, but also their representative. Assessing the state of play early in the litigation may deliver invaluable insights into how your opponent is likely to run.

Our firm has recently published a paper titled ‘The Art of Law’ which explores the six most common litigation models and how to deal with them.

You can download your copy of The Art of Law here.

Please feel free to share with your team.

I very much hope you enjoy reading the paper and the unique insights it provides.

Subscribe to receive the next Workplace Law & Strategy blog direct to your inbox.

Often enterprise bargaining ends with a deal brokered in circumstances of crisis. Perhaps industrial action and a union media campaign are now viewed as too distracting or expensive. Perhaps management discontent with long negotiations has brought frustration to the fore, and an instruction to negotiators to “end it, get a deal, any deal”. Continue Reading Successful enterprise bargaining – Move from being a “price taker” to a “price maker”

There were many important take-aways for employers in the aviation industry from the CAPA Asia-Pacific Aviation Summit that we recently attended. A couple are worth highlighting, as they also apply more broadly to Australian employers managing a rapidly changing competitive landscape within the current industrial relations framework. Continue Reading Learning from a competitive aviation industry

Upon its inception in the 1990s, enterprise-based bargaining presented Australian employers with more opportunity than risk. Today the opposite seems to be the case. Indeed, a report produced by RMIT University’s Dr Steven Kates in August last year found enterprise agreement renewal to be a major source of concern (read “risk”) for 77% of employers. While the survey giving rise to the report was directed to employers in the  resources industry, there is no reason why a similar response would not come from the likes of  manufacturing, construction, logistics and even public sector employers. Continue Reading Enterprise Bargaining: Risk and Strategy