Dominic Russell

EXECUTIVE COUNSEL & TEAM LEADER

Dominic has significant experience providing commercial and strategic advice on a broad range of contentious and non-contentious employment and partnership issues across a variety of industries.

Dominic has acted for corporate and high net worth individuals in commercial and employment litigation proceedings in all Courts within the NSW and Federal jurisdictions, including in proceedings relating to the protection of confidential information, enforcement of restraints of trade, executive incentive and remuneration entitlements and sham contracting arrangements.

Notable cases in which Dominic has been involved include:

  • ACE Insurance Ltd v Trifunovski (2011) in the Federal Court where five insurance sales representatives were determined to have been engaged employees rather than independent contractors and were therefore entitled to the benefits and protections for employees provided under workplace legislation.
  • ACE Insurance Limited v Trifunovski (2013) in the Federal Court of Appeal which dealt with the common law distinction between an employee and an independent contractor.
  • UGL Rail Services Pty Limited v Janik (2014) in the NSW Supreme Court of Appeal which addressed the meaning of the term “redundant” in circumstances where a role was abolished, as well as an employer’s proper exercise of a discretion to grant share options under a contract of employment.
  • James v Royal Bank of Scotland; McKeith v Royal Bank of Scotland (2014) in the NSW Supreme Court which involved a claim by two senior bank executives for redundancy and bonus payments following their termination, and also addressed the issue of whether a company policy can have contractual effect.
  • Tipto Pty Ltd v Yuen (2015) in the NSW Supreme Court where a financial services company and its related entities sought to enforce a contractual restraint of trade on a former employee and his start-up business.

Dominic also has experience providing advice on a range of non-contentious employment and industrial law issues, including preparation of employment and independent contractor agreements, termination of employment, protection of confidential information and trade secrets, unfair dismissal and general protections claims, negotiation and drafting enterprise agreements, as well as business restructuring and change management.

Dominic holds a post-graduate Juris Doctor from the University of Technology, Sydney and a Bachelor of Music (Composition) from Western Sydney University. Dominic joined Harmers in May 2014 and works across all of the firm’s practice areas.

 

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