Clients often engage me to conduct highly sensitive and complex investigations/reviews in relation to the alleged conduct of employees and statutory office holders, or advise in relation to the strategy for approaching such investigations and reviews, including investigations into alleged reportable conduct, bullying, sexual harassment and conflicts of interest. I am trained in taking a trauma-informed and human-centred approach to investigations and the management of sensitive employment matters, while ensuring the health and safety of workers and other stakeholders. Recent work has included conducting performance reviews of department-funded agencies in relation to alleged cultural issues, alleged failures in the delivery of services to clients, and alleged misappropriation of funding.

I regularly deliver education to Boards on their roles and responsibilities in the context of preventing and responding to sexual harassment, and compliance with the positive duty and WHS laws. I also deliver training on trauma-informed and human-centred approaches to responding to reports of harmful behaviour.

I have particular expertise in the education sector, assisting higher education providers (including universities and TAFEs) and schools (including public, private and religious schools) in the management of their employees, students and other stakeholders (including parents). This work includes advising in relation to the management of reportable conduct allegations, and conducting reportable conduct investigations. I am also called upon by my education sector clients to assist in managing parent complaints, and issues arising in the context of family law disputes, enrolment disputes and fee-related disputes.

I have particular expertise in assisting employers to prevent and respond to sexual harassment and other harmful behaviours in the workplace (including bullying and discrimination), including the investigation of such reports and the conduct of related disciplinary processes. In advising my clients in this area, I draw upon my experience being seconded to Australian Human Rights Commission, where I assisted to prepare the AHRC's Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth).

Career highlights

• Advising the State of Victoria on the industrial and employment law strategy for the commercialisation of Land Use Victoria, including consultation obligations, mechanisms for transferring employees to the private sector, drafting employment-related terms for the transition documents and implementation of the commercialisation.
• Advising the Department of Health and Human Services on employment issues to assist the State in managing its response to the COVID-19 pandemic.
• Advising a large public sector employer in relation to potential underpayments over the lifespan of three enterprise agreements, including advising in relation to interpretation of the agreement, engagement of an auditor to calculate relevant underpayments, and advising in relation to strategy for rectifying identified issues and communication with employees, the union and regulator.
• Advising on the proposed implementation of workplace changes to address staffing levels, which has recently included preparing a Process Manual to guide decision making in order to minimise legal, commercial and reputational risks, and guide communications strategies with employees and unions.
• Advising in relation to allegations of sexual assault/harassment made against students, which has included advising in relation to appropriate delegations for decision-making, WHS risks and control measures, and application of misconduct procedures. This work has also included advising a university in relation to the redesign of its student misconduct processes, which involved preparing guidance material for students, staff and the Student Conduct Board.
• Advising a university in relation to off-campus activities organised by student clubs and societies and endorsed by the university, which included advising in relation to the nature and extent of the university's duty of care to students arising from those activities, the extent of the university's legal obligations and liability in relation to preventing and responding to incidents occurring during those activities, and the ability of the university to take disciplinary action in respect of conduct occurring during those off-campus activities.
• Assisting employers to develop prevention and response strategies for sexual harassment, including providing tailored workforce education, and updating policies and procedures. Recent work has included assisting a ASX global company to prepare a Leader Guide to the Prevention of Harmful Behaviours for 7,000 line managers across the globe, translating legal obligations into practical guidance for managers to assist them to create positive workplace cultures. The Guide was compliant with Australian law, while having broad application to global operations, and written in a way which would resonate with line managers and enable translation into other languages.
• Advising in relation to discrimination claims made in the AHRC, VEOHRC, Federal Court and VCAT, including claims by employers and students. This work has included defending claims in the Federal Circuit Court of Australia (as it then was) and Federal Court of Australia, by teachers who each alleged a failure by the Department of Education to make reasonable adjustments upon a return to work following an injury. These claims challenged the foundation of Victoria's devolved education system, which gives Principals the power to make decisions with respect to the employment of individuals within their school, notwithstanding that the Secretary is the ultimate employer.
• Advising employers in relation to the management of ill and injured employees, including employees who have made workers' compensation claims, and issues associated with return to work, reasonable adjustments, and termination of employment. This work included the preparation of a manual to guide decision making in relation to managing performance and conduct concerns regarding employees who had made a workers' compensation claim.
• Acting in the context of industrial disputes in the Fair Work Commission arising under enterprise agreements, including a dispute regarding the proposed outsourcing of a particular function, the application of a particular allowance, and the operation of the Victorian Government Schools Agreement in relation to workforce planning.