David Kiel, DPSK Lawyers

David is an employment lawyer at DPSK Lawyers. He has expertise in all areas of employment law and is able to act for employees and employers Australia-wide.

David adopts an objective-focused approach to deliver outcomes in a timely and affordable manner. Wherever possible, David looks to agree fixed fees to avoid any nasty bill shocks. David's experience includes acting for clients as counsel at contested trials and hearings. His courtroom experience helps him provide pragmatic legal advice at an early stage.

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Employment claims and litigation

David has experience acting for employers and employees in relation to:

  • unfair dismissal claims (including claims involving constructive dismissal and abandonment of employment) in the Fair Work Commission and WA Industrial Relations Commission
  • general protections claims in the Fair Work Commission
  • general protections court applications and claims for breaches of general protections, the National Employment Standards and other civil remedy provisions in the Federal Court, Federal Circuit Court, Industrial Magistrates Court and WA Magistrates Court
  • workplace bullying applications in the Fair Work Commission
  • unlawful discrimination and wrongful dismissal claims
  • section 739 arbitration disputes in the Fair Work Commission
  • repudiation and breach of contract claims
  • negotiating the settlement of workplace disputes

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Workplace advice and representation

David has experience and expertise in respect of:

  • Contracts and policies – Drafting, reviewing and advising on contracts of employment and executive service agreements, variation letters and deeds, deeds of confidentiality, restraints of trade, company policies and procedures
  • Modern awards – Advising on award obligations and the application and coverage of modern awards (including annualised salary obligations and calculations)
  • Enterprise agreements – Advising on the interpretation of enterprise agreements, bargaining strategies and good faith bargaining obligations, permitted terms (including in respect of proposed training clawbacks) and on requirements arising under the Building Code 2016
  • Termination and performance management – Advising in relation to performance management, workplace investigations and termination of employment issues (including in respect of senior executives)
  • Restructuring – Advising on redundancies and restructuring including redundancy entitlements, genuine redundancies and consultation obligations under modern awards
  • Statutory obligations – Advising on statutory obligations in relation to Fair Work Act 2009 (Cth), National Employment Standards, long service leave (including inter-jurisdictional issues) and workers’ compensation matters
  • State-system employers – Advising on statutory obligations for State system employers, including under the Industrial Relations Act 1979 (WA) and the Minimum Conditions of Employment Act 1993 (WA)
  • Recruitment – Advising in respect of recruitment processes and practices, including:
    • advising on employer obligations under the Migration Act 1958 (Cth)
    • advising on obligations under working with children check legislation in various states and territories
    • advising on obligations of employers and employees concerning misleading or deceptive representations made during the recruitment phase
  • Employee and termination benefits – Advising in respect of:
    • the National Credit Code and Australian Securities and Investments Commission Act 2001 (Cth) to employee loans
    • section 200B of the Corporations Act 2001 (Cth) to termination benefits for officers and directors
  • COVID-19 – Advising employers, including a regional Australian airline and a New York-based pharmaceutical company, on issues arising out of COVID-19 pandemic, including in respect of travel restrictions, stand down provisions, mandatory testing, redundancies and reinstatements in connection with the JobKeeper scheme
  • M&A – Advising on employment aspects of M&A deals, including advising on term sheets, agreements and undertaking due diligence
  • Contractors – Advising on independent contractor arrangements and drafting consultancy agreements
  • Workplace bullying and discrimination Acting for employers on workplace bullying and discrimination matters, including:
    • advising on the resolution of claims in the WA Equal Opportunity Commission, Northern Territory Anti-Discrimination Commission and the Queensland Industrial Relations Commission
    • acting for a well-known not-for-profit organisation in relation to multiple bullying claims in the Fair Work Commission
    • advising on obligations under anti-discrimination and equal opportunity legislation
    • advising on whistleblower obligations under the Corporations Act 2001 (Cth), including preparing and reviewing whistleblower policies
  • Workplace health and safety Acting for employers and employees in relation to matters arising under various OHS legislative regimes (including under various maritime, mines, pipeline and offshore petroleum legislation and the model Work Health and Safety legislation).
  • Confidential information, intellectual property, fraud and employee misappropriations – Acting for employers in relation to:
    • incidents involving employee fraud, misappropriations and the misuse of confidential information
    • advising on and drafting agreements in respect of ownership of intellectual property and moral rights
  • Overpayments – Advising employers in respect of the recovery of overpayments
  • Superannuation and taxation – Advising employers on taxation and withholding obligations, including liability for superannuation guarantee charge