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Courses/Law/Employment Law

Employment Issues in Business Acquisitions

Navigate complex labor laws, mitigate HR liabilities, and successfully manage workforce transitions to protect business value during corporate mergers and acquisitions.

Created byKatherine Stewart
BeginnerUpdated May 20, 2026
Employment Issues in Business Acquisitions

What You'll Learn

check_circleUnderstand employment law risks in business acquisitions
check_circleAssess workforce-related liabilities during due diligence
check_circleApply legal principles to employee transfers and entitlements
check_circleEvaluate risks arising from dismissals and restructuring
check_circleDevelop strategies for post-acquisition workforce integration

About This Course

Employment issues are a critical but often underestimated component of business acquisitions. In Australia, the transfer of employees, inherited liabilities, and compliance with workplace laws can significantly impact deal value, integration success, and post-acquisition risk exposure. Buyers must carefully assess workforce obligations alongside financial and operational considerations.

Complexities arise in areas such as employee entitlements, transfer of employment, redundancy, and compliance with the Fair Work Act. Missteps during due diligence or post-completion integration can lead to disputes, claims, and unexpected liabilities, particularly in relation to dismissal, discrimination, or historical workplace issues.

This session examines how employment law operates within the context of acquisitions, from due diligence through to post-completion workforce management. It provides practical guidance on identifying risks, structuring transactions, and managing employee-related issues to ensure legally compliant and commercially effective outcomes.

Key Topics Discussed:

  • Due diligence considerations from an employment perspective
  • Vendor requirements for providing employee records and evaluating paperwork
  • Disclosing active and historical employment claims (e.g., WorkCover, discrimination, sexual harassment)
  • Legal compliance of employment contracts and payroll data
  • The "full and frank disclosure" obligations under the Australian Consumer Law and its applications to employment
  • Modern awards and enterprise agreement complexities
  • Statute of limitations and severe financial/civil penalties for wage underpayments under the Fair Work Act
  • Criminalisation of intentional underpayments (wage theft laws)
  • The legal principles and limits of contractual "set-off" clauses
  • Common pitfalls leading to entitlement disputes
  • The legality and risks of cashing out leave entitlements
  • Transfer and treatment of employment entitlements under the Fair Work Act during an acquisition
  • Managing the notice of termination and the practical employee transition process
  • Post-employment restraints of trade and business protections for vendors and purchasers

Your Instructor

Katherine Stewart
Katherine Stewart

Senior Associate | Velocity Legal

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Katherine knows employment law. She loves tackling complex workplace problems and guiding clients through the ever-changing employment law landscape. Empathy, precision and lateral thinking define Katherine’s approach to employment law. With experience across the spectrum of workplace relations, Katherine helps clients navigate the ever-changing employment law landscape with clarity. Her work includes advising on complex dismissals, managing sensitive matters involving bullying and sexual harassment, and representing clients in discrimination and general protections litigation. Clients value Katherine’s ability to combine technical rigour with practical solutions. She offers clear, empathetic advice that instils confidence for clients navigating workplace disputes. Before becoming a lawyer, Katherine worked as a Workplace Relations Advisor within a professional association. This frontline experience gives her genuine insight into how workplace decisions shape people, culture and business outcomes. Katherine holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.