Joseph D'Abaco
- Bar :
2002 | - Admitted :
1990
Joseph is a highly regarded and experienced advocate, specialising in industrial relations, employment and discrimination/sexual harassment law.
Phone : +61 3 9225 8020
Mobile : 0414 333 341
Email : jdabaco@vicbar.com.au
Chambers : Owen Dixon Chambers West, Level 12, Room 18, 205 William Street, Melbourne VIC 3000
Expertise
Work Health and Safety
Employment Contracts and Restraint of Trade
Industrial Disputes and Statutory Employment Rights
Discrimination
Accredited Mediator
Joseph is a Nationally Accredited Mediator.
Profile
Joseph appears primarily in the various Federal and State courts and the Fair Work Commission in matters involving all aspects of workplace law, with particular expertise appearing in the Federal Court and the Federal and Family Circuit Court. He has a keen appreciation of the requirements of solicitors and clients for accurate, timely and effective advice and representation. Joseph is also fluent in Italian.
Joseph's major areas of expertise involve advising and appearing in the following areas:
- Termination of employment (unfair dismissal, general protections/adverse action and contractual claims)
- Unlawful industrial action and applications to Courts/Fair Work Commission for interlocutory orders
- Enforcement of restrictive covenants against employees (both for employers and employees)
- Proceedings involving breaches of Fair Work Act 2009 (Cth) and awards and enterprise agreements
- Equal opportunity, discrimination and sexual harassment claims in tribunals and the Courts
- Occupational Health & Safety Law, including advising employers on OHS obligations, defending OHS prosecutions issued by the VWA and seeking review of VWA notices and directions in the VCAT.
Selected Cases
Fair Work Commission
Termination of Employment: Birkill v Pea in a Pod Pty Ltd [2020] FWC 2027
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: Australian Commercial Catering Pty Ltd v Powell & Togia [2016] FWCFB 5467
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: Application by Costa Exchange Pty Ltd for approval of the Costa (Berry Category) Enterprise Agreement 2015-2019 [2015] FWC 7101 & [2015] FWCA 8483
Termination of Employment: Guerra v Speedie Waste Pty Ltd [2015] FWC 100 (13 January 2015)
Termination of Employment: Guerra v Speedie Waste Pty Ltd [2014] FWC 8940 (11 December 2014)
Termination of Employment: Cetin v Speedie Waste Pty Ltd [2014] FWC 7579 (24 October 2014)
Termination of Employment: Cetin v Speedie Waste Pty Ltd [2014] FWC 6318 (10 September 2014)
Termination of Employment: Wilson Curry Pty Ltd v McMahon [2013] FWCFB 9968
Termination of Employment: Jetstar Airways Limited v Neeteson-Lemkes [2013] FWCFB 9075
Termination of Employment: Leyshan v Wyndham City Council [2013] FWCFB 7094
Federal Circuit and Family Court
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Health Services Union v Mecwa trading as Mecwacare [2021] FedCFamC2G 179
Equal opportunity - discrimination and sexual harassment complaints: Arya v KONE Elevators Pty Ltd & Anor (No. 2) [2020] FCCA 3028 (Successful costs application)
Equal opportunity - discrimination and sexual harassment complaints: Arya v KONE Elevators Pty Ltd & Anor [2020] FCCA 2693
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Rixton & Anor v Wantirna Village Services Association Inc. [2019] FCCA 312
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Bell v Anglican Aged Care Services Group t/as Benetas [2017] FCCA 1050
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Tjorpatzis v E J Love & Co Pty Ltd and Anor [2016] FCCA 2735
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Fair Work Ombudsman v Zillion Zenith International Pty Ltd & Anor [2014] FCCA 433 (6 June 2014)
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Fair Work Ombudsman v Bound for Glory Enterprises & Anor [2014] FCCA 432 (6 June 2014)
County Court
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: CoINVEST Limited v Celsius Corporate Services Pty Ltd [2017] VCC 796
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: CoINVEST Ltd v Baytech Trades Pty Ltd [2014] VCC 1555 (17 September 2014)
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: CoINVEST Limited v Bestaff Australasia Pty Ltd (No. 2) [2013] VCC 74 (with N Green QC)
Termination of Employment: Walker v Gippsland Medicare Local Limited [2013] VCC 1908
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: CoINVEST Limited v Bestaff Australasia Pty Ltd [2012] VCC 1474 (with N Green QC)
Federal Court
Termination of Employment: Boyd v Glenvill Pty Ltd [2021] FCCA 265
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: Australian Commercial Catering Pty Ltd v Fair Work Commission & Ors [2015] FCAFC 189
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Australian Nursing Federation v Eastern Health [2013] FCA 548
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Australian Nursing and Midwifery Federation v Eastern Health [2013] FCAFC 137 (22 November 2013)
Supreme Court - Court of Appeal
Industrial and employment issues - including industrial disputes and dispute settlement proceedings: Baytech Trades Pty Ltd v CoINVEST Limited [2015] VSCA 342 (with N Green QC)
Magistrates Court
Prosecutions by individuals and regulatory agencies involving breaches of legislative and industrial instrument obligations: Bayford v Maxxia Pty Ltd [2011] FMCA 202
To get in touch with Joseph D'Abaco | or for more information please contact the Clerk on:
+61 3 9225 7222
clerkb@greenslist.com.au