I practise internationally and domestically as an arbitrator and mediator as well as being a founding member of the leading set of alternative dispute resolution chambers. See www.DisputeResolutionChambers.com
In addition to my general expertise resolving disputes involving commercial contracts, I have a specific proficiency in relation to workplace disputes and employment issues.
Workplace disputes; examples of the matters I deal with in my practice.
Employment law disputes concerning Executive employees.
ADR, is by far, the preferred process to resolve these disputes, for example, in relation to an issue concerning dismissal the remuneration of the executive may preclude access to a statutory tribunal such as Fair Work Australia. The alternative is litigation which is public, expensive, cumbersome and may not produce an expeditious determination of the dispute.
Employment contracts of executive employees should always have dispute settlement clauses which provide for mandatory ADR processes before allowing the parties to pursue litigation in the courts.
The executive may for example, be a foreign national posted to another country by his employer. There may be issues concerning which law regulates the relationship, where the breach of the employment contract occurred and enforceability of a settlement between the parties.
An arbitrator as an independent third party can manage all of these issues, and ensure that an award will be legally binding and enforceable by either party regardless of where they are domiciled.
In the absence of an existing ADR clause, the parties can , agree to avail themselves of the services of a neutral third party to resolve any dispute.
Workplace negotiations for enterprise bargaining agreements.
The robust negotiations which are often conducted directly between an employer and a union or representatives of employees risk damaging on going working relationships.
Also, the increasing complexity of Workplace Relations laws, including Occupational Heath and Safety, Discrimination and compliance with industry standards involve a risk that in the absence of specialist knowledge, a proposed agreement will not meet statutory requirements for certification or approval by a regulatory agency.
A neutral third party can avoid these risks, by attending upon the parties and generally managing the negotiation process leading to agreement.
Also if requested, present it in a form which will be accepted by any relevant regulatory authority.
Enterprise agreements must include a dispute settlement process under s 186 (6) of Australian Fair Work Act 2009, upon agreed nomination, the Arbitrator is authorised to settle disputes arising under the agreement and also in relation to National Employment Standards.