About Amber
Amber has over 20 years’ experience as a workplace relations lawyer, with deep industry experience working the NSW Government complemented by acting for household brands. Her practice covers the litigious and advisory workplace spectrum, with particular expertise in workplace litigation including discrimination, termination and industrial disputes, restraint of trade and breach of contract proceedings, and disciplinary proceedings on behalf of professional associations.
The advisory arm of her practice covers the entire employment life cycle including onboarding, managing injured and ill employees, advising on complex workplace investigations, strategies for managing and exiting difficult employees, and risk minimisation in performance and conduct management and terminations.
Amber also has extensive administrative law expertise including advice and representation in relation to claims under the GIPA Act, PPIP Act and HRIP Act, and acting in judicial review proceedings under section 39B of the Judiciary Act 1903 (Cth). Amber is also recognised as an expert in discrimination in the provision of goods and services and by qualifying authorities.
She is praised by clients for her down to earth, straight talking and solutions-oriented approach. Amber provides technically accurate legal advice, but at the same time is commercially and industrially pragmatic.
Amber is regularly invited to speak at industry seminars and enjoys delivering workplace training.
Specialisations
Experience
Sydney Trains
Successfully defending unfair dismissal proceedings under the Fair Work Act 2009 (Cth) in the Fair Work Commission following the dismissal of a 75 year old employee with 33 years’ service for a serious safety breach: Singh v Sydney Trains [2019] FWC 182; obtained a costs order against the Applicant under section 400A of the Fair Work Act: Singh v Sydney Trains [2019] FWC 6620 and defeated the application for permission to appeal: Singh v Sydney Trains [2020] FWCFB 884; and subsequently defeated section 39B of the Judiciary Act proceedings in which the Applicant sought to quash the decision of the FWC: Singh v Sydney Trains [2020] FCA 1521
NSW Trains
A disciplinary penalty of reduction in grade imposed in accordance with the enterprise agreement triggered an unfair dismissal application. Our jurisdictional objection was unsuccessful. Following filing an appeal, the Fair Work Commission convened a five member Full Bench and invited submissions from interested parties. In a unanimous decision, the appeal was upheld delivering a leading decision on the meaning of “dismissed” for the purposes of the Fair Work Act 2009 (Act): NSW Trains v James [2022] FWCFB 55
Correctives Services NSW
Successfully defending long running complex victimisation and discrimination proceedings under the Anti-Discrimination Act 1977 (NSW) concerning nine separate allegations, and including affidavits from 11 members of current and former staff: James v NSW Department of Communities and Justice [2021] NSWCATAD 118; decision affirmed on appeal: James v Department of Justice (Corrective Services NSW) [2022] NSWCATAP 49.
ASX Listed Company
Successfully resolving complex breach of contract and misleading and deceptive conduct proceedings involving intersecting issues under Part 2D.2 of the Corporations Act 2001 (Cth).
Sydney Trains
Successfully defending a general protections application in which the Applicant alleged adverse action in contravention of Part 3-1 of the Fair Work Act 2009 (Cth) including on the grounds that he exercised a workplace right to file an application for a Stop-Bullying Order: Salama v Sydney Trains [2021] FCA 251; followed by a successful (and very unusual) costs order against the Applicant for unreasonably refusing to settle in accordance with section 570 of the Fair Work Act 2009 (Cth): Salama v Sydney Trains (No 2) [2021] FCA 1200
NSW Bar Association
Successful prosecution under Legal Profession Uniform Law (NSW) against a barrister who sexually harassed a young female soliciting resulting in a finding of unsatisfactory professional conduct and a reprimand: Council of the New South Wales Bar Association v Raphael [2021] NSWCATOD 44
Sydney Trains
Securing one of the first costs orders made by the Fair Work Commission in connection with the successful dismissal of an application for a Stop-Bullying Order: Salama v Sydney Trains & ors [2018] FWC 5756; Salama v Sydney Trains & ors [2018] FWC 1845
Sureway Employment & Training
Appearing as advocate in successfully opposing an extension of time application under the Australian Human Rights Commission Act 1986 (Cth) in the context of a discrimination claim in the provision of goods and services resulting in dismissal of the proceedings: Reurich v Sureway Employment and Training Pty Ltd [2018] FCA 680.