Nathan specialises in work health and safety, employment and administrative law assisting clients across all Australian jurisdictions with particular expertise in the mining, transport and government sectors.
His clients range from Australian and internationally-based private sector clients, to Commonwealth and State government agencies, and local governments.
Nathan’s expertise includes advising businesses and their officers on all aspects of work health and safety obligations and the employment life cycle. He regularly advises on major safety incidents, prosecuting and defending safety prosecutions; employment litigation including unfair dismissal, adverse action and discrimination claims, and employment advice regarding contracts of employment, policies, performance management and workplace investigations; and merit and judicial reviews of government decisions including privacy, government information and licensing decisions.
Nathan regularly conducts matters in the Federal Court of Australia, Federal Circuit Court of Australia, Fair Work Commission, NSW Supreme Court, NSW District Court, NSW Industrial Relations Commission and Coroner’s Courts.
Australian Mine Operator
Conducting an investigation into a fatal underground mining incident, advised on subsequent regulatory investigations, successfully defended a related prosecution under the model-WHS Act and appeared in the subsequent Coronial Inquest and related application for prerogative relief.
Advising 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
Advising 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. Separately obtained an urgent Mareva injunction freezing an employee’s assets without notice.
Advising 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 and Fair Work Commission.
Mine Safety Prosecutor
Conducting a number of successful prosecutions of offences against the model-WHS Act arising from fatal and other serious incidents in the NSW mining industry including the first two successful “Category 1” WHS Act prosecutions in NSW.
Acting 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.
WHS Regulator Investgiations and Prosecutions
Advising various PCBUs and their officers and employees on WHS regulator investigations including on-site incident response, attending regulatory interviews, advising on coercive powers, responding to regulatory notices, internal and external review of prohibition, improvement and provisional improvement notices, advising on rights and powers of and on entry, advising on criminal liability and exposure, defending WHS prosecutions and advising on enforceable undertakings.