Commercially savvy with over 30 years of experience, Tim provides pragmatic employment advice to his clients.

Tim advises on all aspects of employment law including enterprise bargaining, equal opportunity, entitlements and awards interpretation, termination and dismissal disputes, disciplinary process and termination and restructuring and redundancy.

Tim acts for employers across a broad range of industries including retail and manufacturing, professional services, higher education and research, in addition to executives and managers on their individual employment issues. Tim is also able to assist with policy development, implementation and training.

Tim is an accredited mediator and regularly advises employers in relation to mediations and conciliations, bringing a strategic approach to the resolution of workplace issues and problems.

Tim represents clients in the Fair Work Commission as well as all Victorian and Federal Courts. He holds a Masters of Law from the London School of Economics and is a Sessional Lecturer at La Trobe Law School and the Leo Cussen Institute and former chairperson of the Workplace Relations section of the Law Institute of Victoria.

Areas of Expertise

Key focus areas:

  • Employment & Enterprise Agreements
  • Entitlements & Award Interpretation
  • Termination & Dismissal Disputes
  • Disciplinary Process & Termination
  • General Workplace Compliance
  • Restructuring & Redundancy
  • Transfer of Business
  • Policy Development, Implementation & Training

Recent Articles by Tim Greenall

How not to performance manage employees working from home during COVID-19!

With the coming of the COVID-19 pandemic many employees are working from home and this appears likely to continue for some time yet – especially in Victoria. In a decision highlighting the challenges of managing remote workers, the Fair Work...
12 November, 2020

Extended Stand Down Powers Under JobKeeper 2.0

Further to our JobKeeper 2.0 update, the new Part 6-4C of the Fair Work Act has been extended to operate until 28 March 2021. This temporary provision authorizes employers who continue to be eligible for JobKeeper to exercise more flexible powers to...
7 September, 2020

Employers can’t set off loading to stop casual employees “double dipping”

The Federal Court has confirmed that an employee engaged as a casual but where there existed a “firm advance commitment as to the duration of the employee’s employment or the days/hours the employee will work” is entitled to paid annual...
27 May, 2020

New Stand Down Powers Under JobKeeper

Further to our JobKeeper article, a new Part 6-4C has been introduced to the Fair Work Act 2009. This temporary provision authorizes employers eligible for JobKeeper to exercise new more flexible powers to stand down employees who cannot be usefully...
15 April, 2020

Coronavirus and the Law: Can employers stand down employees without pay in response to Coronavirus?

For businesses eligible for JobKeeper, please see our updated information on standing down employees and JobKeeper here.  COVID-19 virus has and will continue to throw up many unexpected and difficult employment law issues for employers to manage in what is...
20 March, 2020

Employee not entitled to demand flexible work arrangements

Under the National Employment Standards, an employee who is the parent, or has the responsibility for the care of a child who is of school age or younger, is entitled to request a change to his/her working arrangements because of...
15 October, 2019

Senate upholds new Fair Work Regulation clarifying offsetting rules for casual loading payments

As featured in previous issues of Workplace Insights, the Full Federal Court has held that an employee employed as a casual and ostensibly paid casual loading, was nonetheless entitled to payment of accrued annual leave upon termination of his employment...
30 September, 2019

Test case on set-off of casual employee entitlement to annual leave

Casual employee entitlement to annual leave to be explored in test case to mitigate the effects of the Full Federal Court Decision in WorkPac Pty Ltd v Skene [2018] FCCA 3035.
27 November, 2018

Casual employee held to be entitled to annual leave

A recent decision held that an employee employed as a casual and ostensibly paid casual loading, was nonetheless entitled to payment of accrued annual leave upon termination of his employment.
12 September, 2018

New Long Service Leave Act for Victorian employers

The Victorian Parliament has enacted new long service leave legislation which will take effect on or before 1 November 2018. It will replace the 1992 Act.
28 June, 2018

Time is up for maximum term contracts

The longstanding principle that precluded an employee subject to a contract with a specified end date from seeking unfair dismissal relief upon the expiration of the contract term has been overturned – how will it affect you?
26 March, 2018

New compliance obligations for employers and franchisors

In brief The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has now come into force and increases the exposure and legal responsibilities of employers and franchisors within their franchise system. What you need to know Penalties are steep. The...
22 September, 2017

So this is bullying!

In brief There have been relatively few decided cases on what constitutes workplace bullying under the Fair Work Act 2009 (Cth). This is largely attributable to the fact that the Fair Work Commission’s jurisdiction does not provide any compensation for claimants,...
22 August, 2017

Employer justified in dismissing employee for offensive and damaging email

In brief At times, apologies and remorse can be considered too little, too late. When an employee’s thoughtless actions go so far as to impact negatively a company’s reputation and breach a Code of Conduct, then dismissal may be deemed...
3 May, 2017

The need to redeploy in a genuine redundancy

In brief The unfair dismissal provisions of the Fair Work Act 2009 apply to all employees covered by modern awards, enterprise agreements and other employees who are not “high income” employees. High income employees are defined as employees with a...
8 March, 2017

Restraints of trade have never been more enforceable

In brief Restraint of trade clauses in contracts of employment have never been more enforceable, particularly in Victoria. What you need to know Employers need to provide justification of the level of restraint documented Each situation is different and restraints of trade...
12 December, 2016

Insurer fined for breach of employee privacy

A recent decision of the Australian Privacy Commissioner has provided a valuable reminder to employers of the importance of not mismanaging an employee’s personal information, such as WorkCover claims history. Facts In a recent case, an employee lodged various WorkCover...
3 November, 2016

Garden Leave: the Pitfalls, Do’s and Don’ts

Employers may find themselves in a financially onerous position if correct procedures aren’t followed when placing staff on “garden leave” – it’s not always as straight forward as it seems. It’s best to know the do’s and don’ts in this...
26 September, 2016

Employer fined for making returning mother redundant

It’s an all too familiar scenario. A valued employee takes her statutory entitlement to maternity leave and applies for a flexible work arrangement such as part-time work upon returning to work. However, whilst the employee has been away on parental...
25 August, 2016

Employer awarded indemnity costs in unreasonable unfair dismissal claim

The Fair Work legislation provides that parties should usually bear their own costs in relation to matters before the Fair Work Commission. This is an exception to the general rule applicable in court proceedings where costs follow the event i.e....
14 June, 2016

Ignorance is not an excuse: HR Managers can be held personally liable for unlawful workplace practices

In brief As an HR Manager, failure to be aware of, or carry out, workplace legal obligations, could put you at risk of being held personally liable for breaches in workplace law. A recent ruling by the Federal Circuit Court...
26 April, 2016

EBA Bargaining Notice Alert!

In brief To commence the bargaining process for approval of an enterprise agreement (EBA), the employer must serve the Notice of Employee Representational Rights (Notice). What you need to know With effect from 1 January 2013, a new section 174(1A)...
17 December, 2015

Termination of Employee on “Sickie” Upheld

In brief The Full Federal Court has recently upheld the termination of employment of an employee on sick leave in circumstances familiar to many employers. Background The employee was employed at a mine and rostered to work nightshift on 24...
17 December, 2015

Reasonable management action – It’s just not bullying

In brief A recent decision by the Fair Work Commission in relation to a bullying application illustrates how best practice management procedures can provide a solid defence for organisations. There have been relatively few decisions in the Fair Work Commission’s...
24 September, 2015

Contractor or employee? The latest form guide

Theoretically, the distinction between an employee and a contractor is simple – employees work in your business and are part of your business, contractors run their own business and provide services to your business. In practice, however determining whether an...
13 July, 2015

Dealing with workplace relationships: Guidelines for HR Managers

It has traditionally been a very sensitive and private subject, but according to the Fair Work Commission (FWC) employers need to seriously consider disclosure policies for workplace romances. Office relationships are something in which a large number of employers are...
13 July, 2015

Termination for failing random drug test upheld

Where safety is a critical component of an employee’s duties, employers’ drug and alcohol policies are more likely to be enforceable. The Full Bench of the Fair Work Commission recently upheld the termination of employment of an employee who returned a positive...
7 April, 2015