Workforce Guardian Success Stories

Workforce Guardian has a strong record of success in helping clients with HR consulting matters. Our recent success stories include:

Workforce Guardian helps retail and importing business win unfair dismissal case

Workforce Guardian's HR Consulting team has helped another client win an unfair dismissal case.

Workforce Guardian successfully represented an importing and retail business. Once again the consulting team applied their strong negotiating and advocacy experience to the task at the Fair Work Commision resulting in a mutual settlement, but with no monetary payment being made to the ex-employee.

The negotiated outcome left the business confident that they had treated the employee fairly and lawfully in compliance with the Fair Work Act and related Award. The settlement also barred any further claims in relation to this employee's employment and ensured that the business would not be penalised.

Workforce Guardian helped a manufacturing business win an unfair dismissal case

THE PROBLEM

Workforce Guardian recently represented a client in an unfair dismissal claim. The employee claimed his termination was not for reasons of genuine redundancy.

THE RISKS

In the absence of supportive representation, businesses can feel pressured to settle during conciliation. Worse, if the matter had gone to hearing and the jurisdictional argument was not pressed firmly, exposure to reinstatement or possibly six months pay is always a possible risk.

THE SOLUTION

Workforce Guardian successfully argued that the claim was without merit and was discontinued with no payment of monies to the employee.

Workforce Guardian helped a telecommunications company defend a bullying claim

THE PROBLEM

Workforce Guardian was contacted by a business over an employee who had made a bullying claim in the Fair Work Commission against the employer and various employees within the business.

THE SOLUTION

Workforce Guardian planned and advised on appropriate strategies for protecting the company's interests including responding to the claim, as well as to understand the legal jurisdiction of the Commission and the potential risks in relation to such claims. There was no admission of liability by the company and none was established in the ensuing mediation. The company agreed to have their workplace policies and processes reviewed and updated by Workforce Guardian to ensure ongoing compliance. The matter has been closed by the Commission with no compensation awarded to the employee.

Workforce Guardian helped a medical centre improve its bottom line

THE PROBLEM

Workforce Guardian was contacted by a medical practice that was concerned about low productivity and underperformance in its office of support staff.

THE RISKS

The business risked ongoing damage to its bottom line. As a result of inflated operating costs, lower productivity and underperformance.

THE SOLUTION

Workforce Guardian helped the business work through options for restructuring the office, and meet their obligations under the law and the Awards in carrying out the proposed restructure.

Workforce Guardian helped fix complex compliance issues for a vineyard management business

THE PROBLEM

Workforce Guardian was contacted by a vineward management business. The contractual agreements the business had with its clients required work at irregular hours, and split shifts, while the hours of work provisions in the Award were inflexible in that they mandated that hours must be worked continuously during harvest.

THE RISKS

The business risked significant penalties for Award breaches and underpayment claims by employees.

THE SOLUTION

Workforce Guardian helped the client implement individual flexibility agreements (IFAs). To help them achieve compliance and reduce their risks of penalties and claims.

Workforce Guardian helped a medical centre to successfully defend an ex-employee claim

THE PROBLEM

Workforce Guardian was contacted by a medical centre. Who had received a general protections claim from an ex-employee. Alledging contraventions involving dismissal.

THE SOLUTION

Workforce Guardian helped the client fight the claim and win an early victory. Saving the client a lot of time and money.

Workforce Guardian helped a retail business ensure compliance and avoid employee claims when selling her business

THE PROBLEM

Workforce Guardian was contacted by a retail business owner who is planning to either sell her business or close it down.

THE SOLUTION

Workforce Guardian helped the client to understand her legal obligations and the ramifications if she shuts down the business or if there is a Transfer of Business, as in she sells it to a non related entity. The advice included:

a) the due diligence aspect and what information she needs to provide to any potential new owner;

b) what entitlements will apply to any employees. Such as pro rata Long Service Leave payments being applicable in a Redundancy situation and/or Annual Leave Loading [A/L/L] needing to be paid unless offset clauses in employment contracts specify otherwise.

Thanks to our advice the business owner was able to make the best decision for her situation. And protect herself from any future prosecutions and employee claims.

Workforce Guardian helped a wholesale home-wares business to successfully defend an unfair dismissal claim

THE PROBLEM

Workforce Guardian was contacted by a wholesale home-wares business. Who had terminated an employee for performance and conduct related reasons. The ex-employee sought to take the employer to the Fair Work Commission for a speculative unfair dismissal claim.

THE SOLUTION

Workforce Guardian helped the client to successfully defend the claim. By reviewing the relevant contract of employment, company records and the unfair dismissal application, Workforce Guardian discovered jurisdictional impediments that would not allow the employee to take the claim further to a hearing.

Workforce Guardian helped a growing utility company avoid loss of intellectual property, confidential information and clients

THE PROBLEM

Workforce Guardian was contacted by a growing utility company. The company had a senior manager resign with an intention to work for a direct competitor. The company was concerned about losing intellectual property, confidential information and clients.

THE SOLUTION

Workforce Guardian planned and advised on appropriate strategies for protecting the company's interests. This included reminding the departing employee of their obligations under contract and the likely injunctions and damages claims that would be made against them and their new employer if those post-employment restraints were breached. The company avoided any loss of intellectual property, confidential information and clients.

Workforce Guardian helped a small family business in the agriculture industry to successfully defend a general protections claim

THE PROBLEM

Workforce Guardian was contacted by a growing utility company. The company had a senior manager resign with an intention to work for a direct competitor. The company was concerned about losing intellectual property, confidential information and clients.

THE SOLUTION

Workforce Guardian planned and advised on appropriate strategies for protecting the company's interests. This included reminding the departing employee of their obligations under contract and the likely injunctions and damages claims that would be made against them and their new employer if those post-employment restraints were breached. The company avoided any loss of intellectual property, confidential information and clients.

Workforce Guardian helped a tax accounting firm successfully defend an unfair dismissal matter

THE PROBLEM

Workforce Guardian acted for a tax accounting firm on an unfair dismissal matter, where the employee was alleged to have committed fraudulent behaviour, which is tantamount to serious misconduct. The employer also identified numerous instances of underperformance. The employee in question denied all allegations.

THE SOLUTION

With Workforce Guardian's help, the matter was settled for a fraction of the price the matter would have cost if it proceeded to an arbitration hearing before the Fair Work Commission. The company is now able to get on with business, without an employee who they regarded as toxic.

Workforce Guardian helped a stationery provider successfully defend a general protections claim

THE PROBLEM

Workforce Guardian recently acted for a stationery provider in a general protections claim. The former employee alleged that the employer breached numerous terms of the applicable Modern Award, resulting in large underpayments. There were also allegations that the employer misrepresented the earning capacity when advertising the role, and that the employer engaged in sham contracting.

THE SOLUTION

Workforce Guardian negotiated a settlement amount that was sixteen times lower than the maximum penalties that could have been Awarded if the matter proceeded. By settling the matter, the business also avoided the potential negative publicity that could come with legal proceedings, and a judgment that would mean other "contractors" at the company could make similar claims.

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