Jess Toop
Partner
Jess leverages her expert knowledge and experience when assisting clients to solve their workplace issues, drawing upon her extensive career as a specialist employment lawyer in private practice and as a member of in-house legal teams, both in Australia and Asia. In 2018 she founded Toop Workplace Law and grew it into a successful boutique workplace relations practice, with a large client following. As a business owner, she understands the decisions and challenges facing managers and leaders.
Jess works with clients across a broad range of sectors, including professional services, health, transport and logistics, construction and engineering, technology and retail, as well as in the education sector. She also assists a range of clients in the not-for-profit and sporting sectors.
Jess advises clients on the full range of workplace relations law issues, including contracts, engaging workers, termination of employment, business acquisitions, restructures, industrial instruments and managing tricky staff situations. With considerable litigation experience, Jess also acts for clients in the federal/state courts and tribunals.
An accomplished educator, Jess designs and facilitates training programs for audiences ranging from frontline employees to senior executives.
Areas of Practice
Jess practises in employment and industrial relations law. She enjoys developing legal solutions that reflect the particular needs of the organisation and align with its broader objectives.
Her clients are in the corporate, education and not-for-profit sectors. Jess regularly advises on employment-related matters (including managing poor performance, misconduct and dismissals), transactional matters (including the transfer of employees as part of a merger or acquisition), and regularly represents clients in litigious matters, such as claims filed in the Fair Work Commission or the Federal Court of Australia.
Experience and expertise
Recent examples of work undertaken by Jess include:
- Acting for a technology sector client in respect of an adverse action claim filed by a former employee in the Federal Court.
- Representing a client who successfully opposed the re-opening of an unfair dismissal claim in the Fair Work Commission, following assertions by the former employee that they had only agreed to the settlement terms reached during a conciliation under duress.
- Providing strategic advice regarding award coverage where there was considerable uncertainty because of the scope of two awards that, on their face, had potential application to the organisation’s workforce.
- Designing workplace behaviour training for a logistics sector client and facilitating the training across their workforce.
- Assisting a professional services business to terminate its enterprise agreement via a successful ballot, including advising on the impact of reverting to modern award coverage, the steps required for termination and extensive support with the staff communications process.
- Undertaking due diligence and providing employment law advice to a bidder in respect of their proposed acquisition of large healthcare business.
- Working with a client to navigate an exit – and achieve agreed separation terms – in circumstances in which the employee was aggrieved and threatening legal action, alleging that unlawful adverse action had been taken against them.
Professional and community engagement
Jess is often invited to present on employment law topics at industry seminars and conferences.
Jess has supported not-for-profit organisations as a member of their board of directors.
Education
- Bachelor of Laws (Hons), University of Melbourne
- Bachelor of Arts, University of Melbourne
Affiliations
- Law Institute of Victoria
