Grace Kim is an associate in the Labour & Employment Practice Group. She advises clients on a broad range of workplace matters, including contentions and noncontentious matters. Grace is committed to assisting her clients in navigating the heavily regulated (and constantly evolving) Australian employment landscape through commercial and practical advice.
Grace advises on all matters that arise in an employment life cycle, including in relation to recruitment; employee entitlements under legislation and industrial instruments; misconduct and performance issues; work health and safety; business restructures and redundancy; and whistleblowing. Grace also prepares employment-related documentation, conducts workplace investigations and delivers workplace training.
Grace represents employers before state and federal courts and industrial relations tribunals, to assist in defending all types of employment-related claims, including unfair dismissal, general protections and breach of whistleblowing provisions in the Corporations Act 2001 (Cth). Grace provides strategic advice throughout the litigation process, including in relation to various legal and commercial risks and, where appropriate, potential settlements.
Grace also provides support on employment aspects of corporate transactions, including undertaking employment due diligence and advising on indemnities and warranties.
Advising the board of directors of an Australian company on managing misconduct and performance issues of an executive employee and the termination of their employment.
Advising clients on rights and obligations in relation to terminations and redundancies, including providing practical assistance to an Australian subsidiary of a global company in the tourism and leisure industry in executing redundancies in Australia.
Assisting employers in the mining and engineering industry in the approval process of newly negotiated enterprise agreements in the Fair Work Commission, including conducting a review of “better-off-overall” tests and preparing application forms.
Acting for a major construction and civil engineering company in conducting a confidential and sensitive workplace investigation into allegations of workplace misconduct.
Representing a number of large national and international clients before the Fair Work Commission, the Federal Circuit and Family Court of Australia and the Federal Court of Australia in employment related disputes, including unfair dismissal, general protections and whistleblower claims.
Representing an intergovernmental organisation before an international employment tribunal in a constructive dismissal and retaliation claim brought by a former employee.
Conducting employment due diligence and advising on large-scale corporate transactions, including a strategic investment in an Australian companion animal health business and a global cross-border take-private transaction.
Assisting an Australian subsidiary of a global advisory and technical services firm in concurrent application processes before various state tribunals for an exemption under the relevant state antidiscrimination legislation to enable compliance with US export control laws, including the International Traffic in Arms Regulations.