Skip to main content
article thumbnail

Ben Tallboys

Principal

Bachelor of Laws, Bachelor of Economics

  • Aged Care
  • Health
  • Education
  • Government
  • Retirement Living
  • Personal Injury and Compensation
  • Workplace Relations
  • Employment and Safety
  • Anti-Discrimination and Sexual Harassment
  • Discrimination and Human Rights
  • Employment Advice
  • Employment Disputes
  • Equal Opportunity and Discrimination
  • Workplace Health and Safety
  • Workplace Agreements

Ben provides workplace relations, employment and governance advice to schools, councils, health and aged care organisations, and other corporate and not-for-profit organisations across Australia. Ben works tirelessly to help his clients achieve their desired outcomes, and manage financial, legal and reputational risk when dealing with legal issues and crises. Ben seeks to avoid disputes where possible, but is also a forceful and fearless advocate when required.

Experience

  • Advising independent schools on managing staff, including upholding expected standards of behaviour and performance, responding to complaints, adopting appropriate disciplinary and performance-management processes, and defending legal claims by employees.

  • Advising independent schools across Australia on managing student and parent relationships, and eliminating the risk of child abuse (including by managing mandatory reporting obligations, and appropriately responding to allegations).

  • Advising local councils and other statutory bodies on managing workplace relations, employment, safety and governance issues.

  • Representing employers and executives defending claims in the Fair Work Commission's anti-bullying jurisdiction, including appearing for a Victorian health service to successfully oppose the first two appeals in the jurisdiction.

  • Appearing for a Victorian health service in a five-day unfair dismissal hearing in the Fair Work Commission to successfully resist a reinstatement order.

  • Acting for a disability sector client to successfully resist a general protections claim by a Chief Financial Officer dismissed for workplace bullying, and successfully opposed appeals to the Full Bench of the Fair Work Commission and Federal Court of Australia.

  • Acting for a manufacturing client in the Fair Work Commission seeking to redeploy staff to a new facility, and successfully persuading the Commission to approve a narrow interpretation of the client’s redundancy obligations under a poorly drafted enterprise agreement, resulting in significant costs savings for the client.

  • Acting for a national client to successfully negotiate and adopt separate enterprise agreements in each State and Territory. Advising on complex negotiations, including managing inconsistent claims by different branches of the union, and advising on threats of protected legal action.

  • Appeared for Department of Veterans’ Affairs in the Administrative Appeals Tribunal numerous times to successfully defend decisions of the Repatriation Commission.

  • Appeared in the Court of Arbitration for Sport on behalf of Swimming Australia to successfully defend its team selection policies at the 2008 Beijing Olympic Games.

Leadership

  • Regular contributor to SmartCompany
  • Member, Australian & New Zealand Sports Law Association
  • Member, Australian Labour Law Association
  • Member, Australian and Employment Relations Association
  • Member, Australian and Employment Relations Association of ACT
  • Member, Industrial Relations Society of Victoria
  • Former member, ACT Law Society Industrial Relations Committee
  • Former director, Northside Community Service
  • Former company secretary, Morshead Home for Veterans and Other Aged Persons