James Pomeroy

Special Counsel
Sydney

Biography

James is a special counsel our Employment group.

He advises employers on a comprehensive range of employment-related claims, including statutory claims such as unfair dismissal, general protections applications, employment misrepresentation and discrimination matters. Additionally, he handles contractual issues, including the enforcement of post-employment obligations.

He also has extensive experience in relation to the employment implications of commercial transactions, advising employers on the transfer of employee entitlements and industrial instruments when a business is transferred from one employer to another, as well as outsourcing. This experience includes working on major transactions requiring employment due diligence.

James is an expert in complex WHS advice. With a deep understanding of the obligations held by directors and other statutory duty holders across multiple Australian jurisdictions, he offers comprehensive guidance to help clients navigate the complexities of WHS regulations.

Experience

James’s experience includes advising:

  • The head contractor of a transmission line construction project in Federal Court proceedings brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia regarding a right of entry dispute.

  • A major manufacturer and supplier of flour and bakery ingredients in defending general protections, court applications and enforcing post-employment restraints.

  • A major Australian automotive dealer, in relation to a workplace fatality and investigation by the Queensland WHS regulator.

  • Various clients, including a major Australian bank in successfully applying to the Fair Work Commission to stop the transfer of enterprise agreements.

  • A regional airport regarding an underpayment audit including managing the self-disclosure of the underpayment to the Fair Work Ombudsman.

  • Hollard Insurance in connection with the employment and HR aspects of its acquisition of CBA’s former insurance business.

  • Transport for NSW in relation to the employment aspects of the re-tendering process for existing contracts with private sector operators for the provision of passenger bus services in Sydney.

  • Telstra on the employment aspects of its acquisition, in partnership with the Australian Government, of Digicel Pacific.

  • Quadrant Private Equity regarding the employment aspects of a range of transactions.

  • TPG Capital regarding the employment aspects of its acquisition of InvoCare, including the preparation of new executive contracts for the incoming leadership team.

  • A leading service provider under the National Disability Insurance Scheme regarding a group of current and former employees who attempted to establish a competitive business.

  • A travel insurance company regarding sexual harassment allegations by an employee against a senior executive.

Testimonials

Client first thinking

James Pomeroy is responsive, pragmatic and commercially grounded in his advice.

The Legal 500 Asia Pacific

He willingly provides a ‘sounding-board’ when I am confronted with issues and is able to explain potential options and scenarios in an easy-to-understand approachable manner.

The Legal 500 Asia Pacific
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