Erica Hartley

Erica Hartley specialises in all areas of employment law with particular experience in industrial relations disputes and termination of employment claims such as unfair dismissal, general protection and equal opportunity.

Erica has experience in drafting senior executive contracts and advising on workplace change and restructure including managing the redundancy process.

Erica advises corporate clients across a broad range of industries including construction, maritime, local government, retail, age and disability services and mining and resources.

Erica regularly appears for clients in hearings in the Fair Work Commission, state and federal courts and equal opportunity tribunals.

Erica has been named “Lawyer of the Year” for Employment Benefits Law in Best Lawyers™ Australia 2020 edition. She is also recognised in Best Lawyers™ Australia for Labour and Employment Law and Occupational Health & Safety Law.

Experience

Erica’s recent experience includes:

  • Construction: Appeared for Fluor in a Fair Work Commission proceeding over a dispute about the meaning of the what is an “annual”  versus an “annualised” salary in an enterprise agreement;
  • Maritime: Successfully appeared for Qube Ports in a Fair Work Commission proceeding against the MUA over who decides whether a vessel is “imminent” which had significant impact for the client;
  • Resources: Successfully defended claims against a mining client that a resignation was a “constructive dismissal” which could have led to significant redundancy payment;
  • Not for profit: Acted for support sector provider in complex stop bullying general protection and contractual breach claims which involved managing multiple claims including an external investigation; and
  • Insurance: Acted in multiple unfair dismissal, general protection, equal opportunity and stop-bullying claims under Employment practices liabilities insurance policies for a wide range of employers.

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