About Amber
Amber has over 20 years’ experience as a workplace relations lawyer, with deep industry experience working with 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
Tech giant and retailer
Defending an application under (new) section 226 of the Fair Work Act 2009 (Cth) by an unregistered union to terminate an enterprise agreement during bargaining on the alleged ground the existing enterprise agreement was unfair to staff.
Transport agency
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.
Financial services 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).
Transport agency
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
Regulatory authority
Successful prosecution under Legal Profession Uniform Law (NSW) against a barrister who sexually harassed a young female solicitor resulting in a finding of unsatisfactory professional conduct and a reprimand: Council of the New South Wales Bar Association v Raphael [2021] NSWCATOD 44.
Large employer
Acting and advising in relation to a complex potential underpayment claim arising from the interaction between the Fair Work Act 2009 (Cth) and industrial instruments.