Partner

Andrew Klein

Andrew has provided high level strategic advice to, and litigated on behalf of, Commonwealth and State government departments and agencies and large private sector employers over a number of years. The matters he assists with include a range of workplace relations, employment and health and safety issues and disputes. This includes advising on reducing and managing workplace health and safety risks, unfair dismissal and adverse action claims, discrimination claims and workers’ compensation claims made under the Comcare system. He also undertakes a range of workplace investigations and reviews.

Andrew is known for his outcome focussed approach and being a ‘problem solver’ in relation to employment matters. He has particular expertise in providing advice and support to employers regarding issues associated with managing underperformance and misconduct and, if efforts to manage these behaviors are unsuccessful, giving practical and outcome focused advice regarding the risks associated with termination of employment.

Expertise

Andrew’s expertise includes:

  • Workplace investigations and reviews (including suspected breaches of the APS Code of Conduct, sexual harassment allegations and allegations of bullying)
  • Advice regarding risks associated with terminating employment
  • Unfair dismissal and adverse action claims
  • Discrimination claims
  • Managing performance and conduct issues
  • Assisting employers to respond to Comcare claims
  • Managing risks associated with ill and injured workers
  • Advice on return to work issues
  • Advice to Commonwealth and ACT government departments and agencies regarding reducing Comcare premiums
  • Workplace health and safety issues (including requirements for compliance with the Work, Health and Safety Act 2011 and responding to the regulator in the event of a serious workplace incident or injury).

Recent projects

  • Undertaking a major workplace review for a large Commonwealth employer in respect of a location with entrenched and cultural issues.
  • Conducting a workplace investigation for a large policing organisation involving sensitive and complex issues and multiple witnesses.
  • Conducting judicial review litigation in the Federal Circuit Court for a Commonwealth employer in respect of proceedings brought as a result of an employee’s dismissal (including successfully resolving the relevant claim).
  • Undertaking a comprehensive review of the employment and contracting arrangements of a large public sector employer.
  • Advising on the settlement of an acrimonious dispute between a senior employee of a large public sector organisation, including negotiating mutually acceptable exit arrangements for the employee.
  • Advising on the resolution of an unfair dismissal claim and associated defamation proceeding in respect of a national media organisation.

 

Partner

Ross Levin