Michal Bergander-Florek
Michal Bergander-Florek is a Special Counsel in HWL Ebsworth’s Workplace Relations and Safety team.
Michal has experience advising on all aspects of workplace relations and safety law including industrial relations, employee entitlements, restraints of trade, termination of employment, dismissal related claims and safety prosecutions.
Michal’s practice focuses on dispute resolution, business restructures, compliance, and risk management.
Michal regularly represents clients at the Fair Work Commission, the South Australian Employment Tribunal, and the State and Federal courts. He has experience across a broad range of industries including government, building and construction, retail, education, manufacturing, technology, and wine.
He also advises on the employment aspects of commercial transactions.
Experience
Michal’s experience includes assisting:
- a university by successfully defending appellate proceedings brought in the Federal Court of Australia by its former academic concerning alleged breaches of general protections in the Fair Work Act 2009 (Cth);
- a local government council by successfully defending a breach of contract claim brought in the Supreme Court of South Australia by its former chief executive officer;
- an ASX listed company in proceedings for underpayment of wages and non-payment of work-related entitlements brought in the South Australian Employment Tribunal by a trade union on behalf of multiple workers;
- a private client in relation to a restraint of trade dispute in the Supreme Court of South Australia;
- a large corporate client in the retail and convenience industry in respect of its acquisition by an ASX listed company;
- the Fair Work Ombudsman by prosecuting several national system employers’ non-compliances with the Fair Work Act 2009 (Cth) in the Federal Circuit and Family Court of Australia;
- a Commonwealth Government agency in relation to an application seeking an intervention order to protect employees from violent and threatening behaviour by a customer while at their workplace; and
- a large horticultural business in defending proceedings brought in the Federal Court of Australia by a trade union on behalf of multiple workers concerning alleged sexual harassment.