Practice Expertise
- Employment
Areas of Practice
- Employment
- Environmental Social and Governance ESG
Profile
The majority of my experience is in employee relations and safety, where I have acted for both public and private sector clients. I have also worked with insurers to manage workers compensation, general liability and professional indemnity claims. As the leader of our Management of Injured Workers' practice in Queensland, I am focussed on providing an integrated solution to a claim which incorporates any considerations surrounding the workers' ongoing employment. I have experience in all areas of employment law, including drafting employment contracts, advising on terms and conditions, performance management and disciplinary processes. I also handles all forms of employment litigation including unfair dismissals, discrimination, breach of contract and adverse action claims.
In addition, I have experience in advising employers at the front end on risk management and compliance matters and also has extensive experience in assisting employers in responding to workplace accidents, including attending interviews with the Inspectorate and defending prosecutions.
I am also heavily involved in pro bono and not-for-profit work through the firm’s Community Investment Program.
Career highlights
- Peabody Energy – Appearing as advocate for Peabody Energy in successfully defending an unfair dismissal claim involving a serious safety breach by one of its former coal mine workers at its Metropolitan Colliery.
- Mount Isa Mines Limited (a Glencore company) – Acted in opposing a judicial review application of a decision of the Industrial Court to dismiss a safety prosecution against MIM and other defendants. The matter proceeded to the Court of Appeal on a case stated basis and subsequently to the High Court of Australia. A non-confidential settlement was reached on the basis that the prosecution against MIM be permanently stayed and therefore the High Court appeal did not proceed.
- BHP – Advising in relation to various workers’ compensation claims, both statutory and common law.
- BHP – Defended an application by the Construction, Forestry, Mining and Energy Union challenging BHP’s drug and alcohol testing regime at one of its Queensland coal mines
- Wesfarmers, Glencore, Arnott's and Queensland Rail – Acting for numerous self-insured employers in defending both statutory and common workers' compensation claims.
- Tarong Energy – Managing a serious electrical incident, including the subsequent prosecution which resulted in a successful plea in mitigation.
- Brisbane City Council – acted in recovering a significant sum of misappropriated money and stolen property following an employee fraud
- Queensland Health – acted in the first prosecution under the Radiation Safety Act 1999 (Qld)
- A subsidiary of Sony Pictures Entertainment Inc. – defended an unlawful dismissal claim in the Federal Court of Australia arising out of the production of a major motion picture
- Defended a major health and safety prosecution in the mining industry, involving an application for special leave to appeal to the High Court of Australia
- Advised self-insured employers under the workers compensation scheme, including Arnott’s Biscuits Limited, BHP Billiton Limited, Glencore, Queensland Rail, Toll Group and Wesfarmers Limited
- Acted for a wide range of pro bono clients, including Australia’s CEO Challenge, LawRight and Brisbane Youth Service Inc.
Education
LLB
Areas of Practice
- Employment
- Environmental Social and Governance ESG
Professional Career
Articles
- Important amendments to the Work Health and Safety Act 2011 (Qld)
On 22 August 2024, the Queensland Parliament passed the Electrical Safety and Other Legislation Amendment Bill 2024.
- Five top takeaways from Australia's flexible work arrangement reforms
The Federal Government's flexible work arrangement (FWAs) reforms come into effect on 6 June 2023. Here we outline five key things organisations need to know to about the FWA changes.
- Government proposes new paid family and domestic leave as a national minimum standard
The Government has recently introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.
- WHS consultation crucial to enforcing mandatory COVID-19 vaccination: Fair Work Commission hands down decision in BHP case
The Full Bench of the Fair Work Commission recently handed down its decision regarding the introduction of vaccination against COVID-19 as a condition of site entry at BHP's Mt Arthur Mine in NSW.
- Federal Government secures deal on Closing Loopholes reforms
The deal secures passage of the Government's labour hire and other less controversial reforms, leaving its other proposals for a Senate Inquiry and negotiation in 2024.
- Clarifying a company's rights as a defendant to a safety prosecution
A recent decision of the Full Federal Court in Helicopter Resources Pty Ltd v Commonwealth of Australia has clarified that a company which is a defendant to a safety prosecution has substantially the same rights as a natural person under the system of criminal justice. Accordingly, with the exception of producing documents in response to a subpoena, in most cases a company cannot be compelled to assist the prosecution once charges have been laid against the company.
- Collecting vaccine information - A Fair Work Commission recommendation
A new Fair Work Commission recommendation provides helpful guidance for employers wanting to collect vaccination status information from employees to support workplace vaccination mandates.
- Closing Loopholes Bill passes House of Representatives
The Federal Government has agreed to amend its Closing Loopholes Bill to ensure its passage through the House of Representatives.
- COVID-19: Managing your workers' compensation risks. Your key questions answered.
National employers that are self-insured for workers' compensation in multiple states and territories face unique challenges arising from the COVID-19 pandemic. Here, we address the key questions self-insurers have been asking us, including how the JobKeeper payments apply, complying with ongoing obligations, and other potential risks to be aware of.
- Officer acquitted of alleged breach of WHS due diligence duty
This case is believed to be the first contested prosecution of its kind in Queensland.
- Allison Warburton appointed as Commissioner, Australian Energy Market Commission
AEMC Chairman John Pierce announced the appointment of Allison Warburton as a Commissioner to the Australian Energy Market Commission.
- MEROLA 2020 industrial manslaughter and other safety amendments
Queensland's MEROLA 2020 bill will introduce industrial manslaughter offences into the coal, mining and quarrying, explosives and oil and gas safety regimes in Queensland.
- New WHS Sexual Harassment Laws in Queensland
The Queensland Government has introduced changes to the Work Health and Safety Regulation 2011 (Qld) to expressly require businesses to proactively manage the risk of sexual harassment and sex or gender-based harassment.
- Learnings from SafeWork NSW v Aceline Plumbing
A recent prosecution of a person conducting a business or undertaking (PCBU) for failing to 'consult, co-operate and co-ordinate' with other duty holders has placed the spotlight on consultation obligations imposed on all duty holders under the harmonised work health and safety laws. These provisions require duty holders to talk to each other and share information about how work can be safely carried out.
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