Nathan specialises in work health and safety, employment and administrative law. An experienced litigator, his client experience covers both private and public sectors with recognised expertise in mining, transport and government sectors.
Working across a broad client base, Nathan’s experience ranges from Australian and internationally-based private sector clients, to State and Commonwealth government agencies, and local governments.
His strong technical skills include advising businesses and their officers on compliance with their work health and safety obligations, advising on major safety incidents including in the “dual-regulated” mining and rail industries, and prosecuting and defending safety prosecutions.
Focussing on employment, he is regularly involved with employment litigation including unfair dismissal, adverse action and discrimination claims, and employment advice regarding contracts of employment, policies, performance management and workplace investigations.
Within Industrial relations, he negotiates enterprise agreements, manages industrial disputes and advises on the interpretation of awards and agreements. Lastly his knowledge of Administrative Law is highly utilised in judicial reviews of government decisions including privacy, government information and licensing decisions.
Australian Mine Operator
Conducted a complex factual investigation into a fatal underground mining incident, advised on subsequent regulatory investigations, and successfully defended a related prosecution under the model-WHS Act.
Advised the Australian subsidiary of a multi-national corporate group on a Fair Work Ombudsman investigation into their compliance with the Fair Work Act 2009 (Cth).
Restraints and Injunctions
Advised clients on the enforceability of employment restraints, and obtained urgent interlocutory relief in the Supreme Court of NSW to enforce non-compete and non-solicitation obligations.
Advised a number of NSW Government agencies on disciplinary action against employees arising out of misconduct and poor performance, and represented agencies in related proceedings in the Industrial Relations Commission.
Mine Safety Prosecutor
Conducted a number of successful prosecutions of offences against the model-WHS Act arising from fatal and other serious incidents in the NSW mining industry.
Acted for a large Commonwealth department in judicial review proceedings in the Federal Circuit Court of Australia arising out of an allegation that the Commonwealth had contravened an individual’s human rights in breach of an international convention.