Grace Kim is an associate in the Labour & Employment Practice Group. She advises clients on a broad range of workplace matters, in both contentious and noncontentious matters. Grace is committed to assisting her clients in navigating the heavily regulated, and constantly evolving, Australian employment landscape through practical advice that is fit for purpose.
Grace advises on all matters that arise in an employment life cycle, from recruitment, employee entitlements under legislation and industrial instruments, misconduct and performance issues, work health and safety, business restructures and redundancy and whistleblowing, to termination-related issues. 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 on various legal and commercial risks and, where appropriate, approach to potential settlements.
Grace also provides support on employment aspects of corporate transactions, including undertaking employment due diligence and advising on indemnities and warranties.
General Employment, HR Advisory and Compliance
Assisting numerous national and multinational employers manage day-to-day workplace issues, including preparing employment contracts and policies, as well as advising on employee entitlements.
Assisting numerous multinational employers in executing restructures and redundancies in Australia, including preparing redundancy documentation and advising on risks.
Advising the board of directors of an Australian public company on managing misconduct and performance issues of an executive employee and the termination of their employment.
Assisting numerous national and multinational employers manage employment-like relationships, including independent contractor and labour-hire arrangements.
Industrial Relations
Assisting numerous Australian mining and engineering companies in the approval process of newly negotiated enterprise agreements at the Fair Work Commission, including conducting a review of “better-off-overall” tests.
Workplace Investigations
Acting as the investigator in respect of a complaint made by an employee of a construction contractor alleging sexual harassment by another employee.
Acting as the investigator in respect of a complaint made by an employee of a state public entity alleging workplace misconduct by a senior executive.
Litigation
Acting for a multinational telecommunication company in defending a general protections claim made by a former employee at the Federal Circuit Court, alleging being subjected to adverse action as a result of having made a workplace complaint and having a disability.
Acting for a multinational assurance company in a claim made by a former contractor at the Federal Court, alleging a breach of the whistleblower provisions in the Corporations Act 2001 (Cth).
Acting for an intergovernmental organisation in defending a claim made by a former employee at an international employment tribunal, alleging being constructively dismissed because of raising a workplace grievance and a whistleblower complaint.
Discrimination
Assisting a multinational defence contractor successfully obtaining exemptions from certain obligations under anti-discrimination laws on the basis of its obligations under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).
Business Acquisitions and Restructuring
Conducting employment due diligence and advising on pre- and post-completion actions on large-scale corporate transactions, including a strategic investment in an Australian companion animal health business.
Advising on transfer of employment / business obligations and preparing documentation for transferring employees in global restructures, including a global cross-border take-private of a global mining company.