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Michaela Moloney

Partner
+61.3.9640.4430
Fax +61.3.9205.2055

Ms. Moloney has worked for a wide cross section of clients including employers in the public sector, health, education, retail, energy and manufacturing industries and has significant experience in all aspects of employment, industrial and discrimination law. She acts on a broad range of matters for employers including drafting and interpreting employment agreements and policies, managing employee issues arising out of sale of business and outsourcing transactions, assisting employers with the discipline of employees and termination of employment, negotiating collective agreements, managing long term injured employees, corporate due diligence and interpretation of restraint of trade provisions.

Ms. Moloney has a significant litigation practice and has successfully defended a number of large Australian employers in claims including unfair dismissal, discrimination, general protections and breach of contract in the state courts and the Federal Circuit Court of Australia and Federal Court of Australia.

Ms. Moloney takes a practical and proactive approach in her matters to seek to achieve a favourable and early resolution of matters for employers. She is also a skilled presenter, assisting clients with education and training in areas, including performance management, workplace behaviour training and investigations.
Ms. Moloney is a mediator and is able to facilitate mediations in all areas of employment and industrial law including bullying, discrimination and sexual harassment.

Professional/Civic Activities

  • Employment and Industrial Law Committee of the Workplace Relations Section of the Law Institute of Victoria co-chair
  • Executive Committee of the Workplace Relations Section of the Law Institute of Victoria member
  • Australian Human Resources Institute member
  • LEADR – Association of Dispute Resolvers member
  • Advising on the management of workplace relations issues in a major outsourcing transaction by one of Australia's leading energy suppliers.
  • Providing advice to a state government department on the interpretation of enterprise agreement provisions and transfer of business issues arising from the transfer of services from the department to private sector providers.
  • Advising a large manufacturing employer on the management of unlawful industrial action, including seeking injunctive relief to prevent industrial action.
  • Developing industrial relations strategies to manage the negotiation, drafting and implementation of collective workplace agreements for a number of employers in the construction and manufacturing industries.
  • Assisting a federal agency in negotiations for a new collective agreement, including providing advice on compliance with the Australian Government Public Sector Workplace Bargaining Policy.
  • Successfully defending a large Australian hospital in a federal discrimination claim brought by a hearing impaired patient.
  • Advising a national importation business on the enforceability of post-employment restraints in its employment agreements and successfully obtaining an injunction in the Federal Court of Australia to prevent an employee continuing to operate a business in competition.
  • Successfully defending a number of Australian universities in unfair dismissal, general protections, breach of contract and discrimination claims at both state and federal level.
  • Managing large scale investigations into employee conduct and bullying on behalf of a number of health organisations, including providing advice in respect of a concurrent investigation by WorkSafe.
  • Providing advice and assistance on the management of long term injured employees for a number of large employers in the manufacturing and health industries.
  • Delivering training to a state government department on conducting effective workplace investigations, particularly dealing with out of hours conduct and employee conduct that amounts to a criminal offence.