As a special counsel in Cooper Grace Ward’s workplace relations and safety team, Gemma brings over 10 years’ experience providing advice and representation to employers on employment, industrial discrimination and health and safety matters.
Gemma advises a range of clients across various industries, including retail, finance, early childhood and education, transport, and religious organisations, on issues such as compliance and duties under workplace health and safety legislation; unlawful discrimination and sexual harassment; the operation of employment contracts and restraint of trade provisions; independent contractor and employee distinctions; award and enterprise agreement applicability and provisions; dismissal risks and strategies; management of ill and injured employees; workers’ compensation claims; and general protections claims.
Having worked in both private practice and in-house roles, she understands the importance of providing practical commercial legal solutions for businesses.
In addition to her workplace relations and safety work, Gemma also advises religious organisations on complex church matters, and early childhood and educational institutions on education and child safety related matters and privacy law.
Industrial relations and employment relations
Education and early childhood
Religious organisations
In a major decision regarding the application of the public holiday provisions of the Fair Work Act, the Full Federal Court has found that terms of employment that require employees to work on a public holiday will not be consistent with the National Employment Standards. This is the case even in circumstances where an employer’s operations are conducted over 365 days per year and an employee’s remuneration includes compensation for the requirement to work on those days.
With an increasing number of employees taking prescribed medical cannabis in the workplace, it is important for employers to understand their legal obligations when managing these employees.
A recent decision of the Fair Work Commission serves as a timely reminder of the requirements that must be followed when terminating an employee by way of redundancy.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.