Mark Flaherty
Partner
Melbourne
Commercial, practical and results driven, Mark helps employers respond to their most sensitive and high-stakes workplace challenges with clarity and confidence.
EXPERIENCE
Mark delivers strategic, business focused advice and representation to employers across all sectors – from ASX listed and private companies, to government agencies and not for profits across a range of contentious workplace matters, including:
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representing employers in all tribunals and courts in discrimination, bullying, harassment, general protections and unfair dismissal claims and appeals;
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advice on complex workplace investigations, critical incidents, and professional disciplinary issues;
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undertaking payroll audits, wage remediation programs and pay disputes;
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engagement with regulators, from investigation and through to enforcement including defending prosecutions and negotiating outcomes;
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preparing for and responding to media on sensitive and high profile matters;
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executive and director workplace disputes; and
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workplace governance, compliance and risk assessments, including audits and practical strategies to manage workplace risk.
RECENT WORK
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Advised on large scale (20,000+ employees) wage remediation program including reviews of governance, oversight and existing work practices and a new payroll system.
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Advised on novel claims and counter claims concerning the limits of freedom of speech in the workplace, public demonstrations, safety at work and dealing with media responses to those issues.
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Defence of prosecution concerning allegations of serious contraventions of the Fair Work Act and the negotiation of high-profile enforceable undertaking with the FWO, including securing new provisions.
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Acted for private hospital group on defence and appeal, concerning the removal of surgeon’s access and credentialing to private hospital facilities.
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Advice and representation to public authorities on a regulator’s investigations concerning Covid-19 responses, WFH and public health orders.
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Acted in proceedings concerning an employer’s vicarious liability for alleged sexual harassment, including resolving complex counter-claims concerning commercial indemnities.
ADMISSIONS
An Australian Legal Practitioner
Barrister and Solicitor, New Zealand
Admitted as a Solicitor, England & Wales