Nicola McMahon

Special Counsel

Expertise

Disputes, Employment Relations and Safety, Education, International, State Government NSW, Technology, Media, and Telecommunications

M: +61 435 557 269
T: +61 2 8241 5607

Nicola is a specialist employment relations lawyer having practised exclusively in this area for over 12 years, working in both the United Kingdom and Australia.

Nicola acts for both public and private sector clients across the full spectrum of employment and industrial relations matters.  She has particular experience assisting international clients of all sizes with Australian domestic employment law issues.

Nicola advises clients on issues ranging from recruitment to termination of employment, the management of employee performance, ill and injured employees and discipline issues, business restructures, the interpretation of modern awards and enterprise agreements and assisting with industrial issues, including the negotiation and approval of enterprise agreements.

Alongside providing advice to clients, Nicola regularly conducts litigation for clients, defending unfair dismissal, adverse action and discrimination claims, and bringing and defending restraint of trade and breach of contract claims in the High Court.

Nicola’s clients commend her strategic, commercially minded advice and her ability to swiftly synthesize options tailored to their business.

Read Nicola’s latest publications

  Whistleblower protections under the Corporations Act

  Jurisdictional clash: Australia to hear post-termination restraint case with English choice of law clause

 Protecting Worker Entitlements Bill passes: further changes for employers

 Immediate actions for employers: Fair Work Act changes

Experience

Enterprise Agreements

Providing strategic advice to an employer in the energy sector to assist them with negotiating and implementing enterprise agreements.

Modern Award Compliance

Providing advice on modern award compliance and a roll out of new contractual terms to a national building company with over 400 employees.

Australian Employment policy

Advising an international company on employment policy requirements when establishing an Australian subsidiary.

Discrimination

Successfully defending victimisation and discrimination proceedings under the Anti-Discrimination Act 1977 (NSW), with the decision confirmed on appeal.

Medical Device Manufacturer

Successfully protecting a national medical device manufacturer by securing court orders restraining a former employee from soliciting clients, and the prospective competitor company from engaging the individual in their business in Australia, for up to 12 months after termination.

Unfair Dismissal

Successfully appealing to the Full Bench of the Fair Work Commission against a first instance unfair dismissal application relating to out-of-work conduct.