Employer Representation

Sonia enjoys tackling complex dispute resolution challenges to achieve the best outcomes for her clients, using an interest-based approach.Sonia has acted for a range of employer clients spanning various industries. During her time as a legal counsel at labour hire and recruitment company, Hays Specialist Recruitment, she has been involved in representing and assisting the company in various disputes including bargaining for an enterprise agreement for black coal mining companies.Some of Sonia’s work on employer-related matters include:Assisting and representing employers with industrial issues – she recently represented an employer in relation to a transfer of an industrial instrument;Supporting and representing employers in various workplace claims – she has represented many employers to defend against unfair dismissal claims, general protections, harassment, bullying and discrimination claims;Supporting various employers with amicable separations with employees, including managing difficult conversations and situations, reducing risk and liability of future claims and workplace disputes; andAdvising employer clients on the importance of workplace policies and contracts, including preparing various employment contracts and workplace policies.

Employee Representation

Sonia has extensive experience acting for employees in a range of industries, including members of unions such as the Australian and International Pilots Association.Some of Sonia’s notable achievements have been negotiating enterprise agreements on behalf of pilots employed by the Qantas Group.Sonia particularly specialises in assisting employees who experience difficulties in their workplace including: Supporting female clients dispute their unfavourable and discriminatory treatment – she has represented many employees who were made redundant or were treated unfavourably when returning from parental leave;Representing employees at all levels of seniority, negotiate amicable separations from their employers, ensuring entitlements are secured and any additional components of compensation, where applicable; andRepresenting employees achieve the best outcome possible in workplace disputes, including unfair dismissal, general protections, bullying and discrimination claims.

Sonia prides herself on being down-to-earth, logical, and honest in her work, and seeks to be as upfront as possible with her clients while maintaining her approachability and empathy.In addition to her work in litigation and non-litigation matters, Sonia is involved in mentoring and developing the skills of other solicitors, both within and external to the firm. Sonia is passionate about supporting diverse people, including women of colour and volunteers for an organisation specialising in this, Diverse Women in Law.Sonia believes the importance of representation – you can’t be what you can’t see – and aspires every day to be a good role model and leader to her peers and the legal community more broadly.

Kevin’s employer-side focus is on assisting small to medium enterprises in growing their business with everything from crisis response to long term employment relationship management.He assists clients with adopting employer-agile frameworks to build employment culture systems, and also lead employer training programs to bolster in-house capabilities.Additionally, he advises on prevention as well as intervention in matters of bullying, discrimination, and dismissals.Although he runs all kinds of client matters, his pervious life interests in public service and healthcare have resulted in his particular focus in assisting third party human resources providers, aged care institutions, technology start-ups, and allied health care providers.His efforts have contributed to the DKL team being recognised as the Workplace Relations and Employment Team of the Year by the Australian Law Awards for two consecutive years.

Employee Representation

Kevin’s employee practice has a particular focus on assisting senior executives enforcing their rights against public financial corporations, state-owned enterprises, universities, government entities, and major corporations in the banking and technology industry. His leadership has led to DKL to be recognised by the esteemed Doyle’s Guide in the categories of Employment Law Firm (Employee and Trade Union Representation) on the National and NSW lists since 2016.

Kevin’s philosophy and approach to his work is heavily influenced by his experience as a university educator at Macquarie University and the University of New South Wales. Kevin is also a regular speaker at various CPD events, with some of his recent events being as chairs or presenters at various Thomson Reuters and Legalwise symposiums on employment law. He is regularly asked to speak on the intersection of employment law and mental health in the workplace, as well as bullying.

Kevin takes a community-oriented approach to practicing law and running the firm. He is an advocate for cultivating a people-centric culture which he believes is essential for empowering individual team members and delivering enhanced outcomes for clients. Additionally, Kevin sees employment law as an opportunity to proactively build corporate social responsibility levels across the community more broadly. His legal practice continues in a lifelong dedication to commerce and community, drawing upon the inspirations of his time as a small business owner, a card-carrying healthcare advocate, and passion for health and fitness. He shares in his successes with his wife, their daughter, and two cats.

Employer Representation

Danny serves as a trusted advisor to some of Australia’s most exciting and innovative companies, assisting them with developing policies and procedures to mitigate risk whilst ensuring they are well-positioned to achieve their ambitions. Some of her work for employers includes: Assisting with difficult separations, where the departing employee continues to be a valued stakeholder in the business, notwithstanding their termination or separation; Considering structuring and skills to better gear businesses to achieve their objectives, with careful development of communications to bring along a change-resistant team into a ‘new normal’; Assisting great teams to have even better attitudes towards shifting cultural norms; Designing solutions to assist workplaces struggling with individuals who do not align with company values, but are otherwise excellent at performing their roles; Navigating the confrontational and often emotional circumstances of poor employee performance or conduct; and Combatting applicant lawyer ‘shake downs’ when the employer has done nothing wrong.

Employee Representation

Danny’s expertise and extensive experience in employee representation positions her as a highly sought-after and desirable adviser for the c-suite and senior executives who may be navigating challenging workplace situations.She particularly specialises in assisting senior executives to play the role of ‘corporate survivor’. Some of Danny’s favourite matters of recent years include:Covertly assisting a partner in a top four accounting firm navigate the tricky politics of partnership renegotiations;Workshopping solutions with a partner of a top-tier law firm about overcoming unconscious bias getting in the way of her career trajectory;Supporting many incredible and powerful women to enhance the terms of their contracts to reflect what they would have been offered in the absence of unconscious bias;Working with a CEO of a major Australian company to navigate a difficult separation;Representing a CFO of a major Australian company through very public allegations of a damaging nature and separation terms;Creating opportunities to separate and leverage to deploy in negotiations around terms for various executives where the employer had previously no intention of discussing separation terms; andHelping numerous executives who were the subject of bullying allegations to not only manage the initial shock of confrontation and provide a response to allegations, but to successfully navigate the difficult context that comes from being named a bully, even when fully exonerated, noting that not all circumstances require a negotiation of the employment relationship ending.

As an accomplished educator who has taught in prestigious institutions professionally and while sharing knowledge with peers, Danny has enjoyed excellent feedback on her engaging and approachable style. She values the development of and investment in the future of employment law. Some of her educational achievements include:Wrote, convened, and taught the employment law course for under and post-graduate students at the University of New South Wales between 2012 – 2019;Wrote and updated the employment law course for post-graduate students in the College of Law’s Masters of Law program;Delivered the teaching of that course continuously, with up to three sessions a year, since 2017; andInnumerable conference presentations on employment law topics, including mental health in the workplace, achieving age diversity in a modern context, exposures legal and HR practitioners have to accessorial liability under the Fair Work Act, and diversity in the law.

Danny believes the needs of the human are paramount. Her philosophy is to hold nothing back and build the absolute best version of everyone in the firm. Danny is non-judgemental in her approach and retains a well-respected and objective outlook on all matters, priding herself on being the woman you can turn to, even in the face of the most difficult allegations. She is known to use the Ricky Gervais line: ‘crisistunity’, and people who have worked with Danny have first-hand experience witnessing her exceptional abilities in finding opportunities during a crisis. Danny delights in the antics of her two young children, playing cards with her enormous family, and dabbling in creative endeavours.

Post-Employment Restraints - Danny King Legal

Post-Employment Restraints

Post-employment restraint clauses regularly feature within employment contracts but are often overlooked or assumed to be unenforceable. They seek to prevent an employee from engaging in certain activities after their employment ends to protect the employer’s business interests.

There are various types of restraint clauses:

Enforcement of Post-Employment Restraints

Post-employment restraints will generally be considered enforceable where the scope of the restraint goes no further than is reasonably necessary to protect the employer’s legitimate business interests.

When determining whether a restraint is “reasonably necessary”, several factors are considered, including the nature of the business and industry, the employee’s seniority, access to clients, other staff members and commercially sensitive information.

For Employers

Having carefully-drafted restraint clauses in employee contracts is essential to protecting your business. While it might seem logical to include broad post-employment restraint clauses in pursuit of maximum protection, a poorly worded clause may render it unenforceable.

Employment law issues can be complex, so we work closely with our clients to tailor restraint clauses and provide practical advice and training on how they operate in practice.

If you are aware of, or suspect, an employee has breached their post-employment restraint obligations, you should immediately seek legal advice. To successfully enforce a post-employment restraint, you must act as soon as you become aware of a potential breach.

Why choose DKL?

At DKL, we have extensive experience advising both employers and employees on post-employment restraint issues, taking into account the legal and personal issues that matter.

Post-employment restraint clauses can be a complex area of law, and we provide clients with practical and time-sensitive advice specific to each situation.

Our highly experienced employment lawyers will work alongside you to achieve a successful outcome with your contract. Call us on +61 (2) 9233 5669, email hello@dannykinglegal.com or submit a webform to speak to one of our onboarding team about how we can help you.