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Lincoln Smith - Partner
Employment & Industrial Relations
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General capability
Lincoln Smith joined Norman Waterhouse in October 2009 as a Partner in the firm’s Employment & Industrial Relations team. He brings with him over a decade of legal experience across a number of disciplines most notably industrial relations, employment, and media law.
Between 2003 - 2004, Lincoln was seconded to General Motors Holden, providing him with invaluable insights into the key stakeholder issues and priorities involved in resolving workplace problems. He draws on this experience to produce solutions which achieve the industrial and commercial needs of his clients.
Lincoln has considerable experience representing corporate clients in industrial, employment, occupational health and safety and discrimination proceedings across a range of jurisdictions and Courts, including the Federal Court, Supreme Courts of South Australia and Victoria, the Australian Industrial Relations Commission and its successor, Fair Work Australia.
Experience
- Advising clients on a full range of matters including outsourcing, right of entry, industrial action, freedom of association and the enterprise bargaining process in Australia;
- Advising clients on the implementation of the Fair Work Act 2009 (Cth);
- Conducting due diligence investigations;
- Conducting investigations into matters including alleged employee theft, harassment and conflict of interest;
- Drafting executive employment contracts and advising on employee bonus schemes (including tax implications);
- Advising clients on the enforceability of restraint clauses and confidentiality agreements;
- Providing advice to numerous companies on implementing large scale redundancies, including selecting employees, notice and severance entitlements and freedom of association issues;
- Representing clients in relation to litigation arising from enterprise agreement negotiations. Matters include dispute notifications, injunctions in the Federal Court and unfair dismissal conciliations;
- Advising and representing clients in relation to OH&S investigations and prosecutions;
- Acting for employers on unfair dismissal application and applications in the Australian Human Rights Commission.
Media law experience
- Advising clients on their rights and obligations under the Defamation Act 2005 (SA)
- Representing clients in defamation proceedings in South Australia and Victoria
Qualifications
- Bachelor of Laws and Legal Practise (First Class Honours) – Flinders University
- Bachelor of Commerce – Flinders University
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