Paul Horvath has practised as a solicitor for 30 years. He has worked in small and medium firms, including two years in the Employment and Industrial Law Section at Maurice Blackburn Lawyers. Paul commenced his own legal practice in 2004. He holds Bachelors degrees in Law and Arts, and a Masters Degree in Law.
Paul has successfully defended unfair dismissal claims against companies involving:
• Abandonment of employment;
• Repeated un-cooperative behaviour during the probationary period;
• Allegations of bullying against a company director by an employee who took long term Workcover leave;
• Mid-level executive undermining company management to other staff in correspondence.
Paul has successfully defended many general protections claims including:
• Allegation employee terminated for requesting pay in accordance with the applicable enterprise agreement;
• Allegation of termination of employment due to taking personal sick leave and union membership.
In terms of employment law work, Paul Horvath:
• Advises on restraint of trade (non-compete) clauses in employment contracts, and advise on breach of employment contract issues.
• Drafts employment contracts for employers, and represents employers responding to claims of wrongful or unfair dismissal.
• Conducts Workplace Investigations;
• Represents employers and executives charged with breaches of the Occupational Health and Safety Act.
• Advise on all aspects of employment law, including confidentiality, copyright and protection of ideas (intellectual property).
• Act for parties in litigation at all court levels.
• Preparing contracts of employment for senior executives through to process workers;
• · Advising and representing parties in wrongful and unfair dismissal matters in Courts, the Fair Work Commission and Tribunals;
• · Advising on and preparing restraint of trade (non-compete) clauses;
• · Advising on bullying and harassment matters, including discrimination;
• · Investigating workplace/employee issues and providing findings and advice based on procedural fairness and natural justice principles;
• · Providing advice on the conduct of performance management and discipline counselling;
• · Drafting policies on sexual harassment and delivering seminars on sexual harassment in order to seek to minimise or avoid vicarious liability by an employer for allegations of harassment;
• · Advising on the legal requirements and processes appropriate in terminations and redundancies with a view to minimising the likelihood of wrongful or unfair dismissal claims, general protections claims etc.
• · Occupational Health and Safety advice;
• · Workcover advice as it relates to both termination of employment, and in particular claims of mental illness (whether psychological, psychiatric, or anxiety/depression etc.) and where the employee is no longer able to work in any role for that employer.