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Jackie Hamilton

Barrister’s Board Course (Honours)

Partner - Brisbane

Areas of Expertise

Workplace Relations & Safety

Expertise

Jackie specialises in workplace law, with extensive experience in the areas of discrimination law, workplace law, industrial law, discipline matters and WorkCover appeals and has appeared in the Industrial Relations Commission, Anti-Discrimination Commission Queensland, the Queensland Civil and Administrative Tribunal, the Australian Human Rights Commission, the Federal Circuit Court, the Federal Court of Australia and the Full Federal Court of Australia.

Jackie has been recognised in the 2022 and 2024 editions of Doyles Guide as a recommended lawyer in Employment (Employer Representation) in Queensland. 

Experience

Jackie has over 20 years of legal experience and has provided advice on and represented clients in a broad range of employment, discrimination and industrial relations issues, including:

  • defending the State and individually named respondents in numerous complaints of discrimination, victimisation and sexual harassment
  • defending the State in applications for reinstatement brought by former employees
  • defending the State in claims of adverse action and bullying
  • defending the State in dispute notifications in the Queensland Industrial Relations Commission
  • defending the State in a fair treatment appeal in relation to a large scale recruitment process
  • providing employment advice on:
    • Queensland Government policies and risk management
    • an employer’s obligations to rehabilitate an injured worker
    • a number of significant discipline matters under the Public Service Act 2008, including drafting key documents relied on in the discipline processes
    • suspending an employee
    • the legal risks associated with employing or refusing to employ a person with an injury
    • advising on various protections and obligations under the Public Interest Disclosure Act 2010
    • employees’ entitlements under contract and statute
    • employment contracts
    • statutory appointments
    • the process to retire an employee with ill health
    • the operation of various provisions under the Public Service Act 2008
    • whether the private interests of certain employees conflict with their official work duties
    • whether certain action taken or proposed to be taken is discriminatory
    • whether certain departmental procedures have a discriminatory or potentially discriminatory effect
    • complaints of official misconduct under the Crime and Misconduct Act 2001 (repealed) and the Crime and Corruption Act 2001
    • unauthorised appointments
    • recovery of overpayment of wages
    • criminal history checks and the process to be followed in conducting criminal history checks
    • workplace bullying
    • employee complaints and grievances.

Publications

22 May 2024 - Knowledge

QIRC maintains independence on QHRC’s complaint decisions

#Workplace Relations & Safety, #Government

The Queensland Industrial Relations Commission (QIRC) has reaffirmed it will not be bound by decisions of the Queensland Human Rights Commission (QHRC) to accept a complaint made outside the one year limitation period.

30 April 2024 - Knowledge

Queensland Government Bulletin: QIRC allows fair treatment appeal against employee’s suspension with pay

#Government

‘Recent case law confirms the Queensland Industrial Relations Commission’s first of its kind jurisdiction to hear appeals on decisions to suspend employees on normal pay as they are considered ‘fair treatment decisions’.

12 March 2024 - Knowledge

‘He said, she said’ in workplace investigations

#Workplace Relations & Safety

Navigating the ‘he said, she said’ scenario in workplace investigations can be challenging. How can you approach them effectively?

05 March 2024 - Knowledge

Tripwires of flexible working arrangements

#Workplace Relations & Safety

We discuss the potential tripwires arising from flexible working arrangements in an evolving 2024 work-from-home landscape.

05 March 2024 - Knowledge

What employers need to know about the new ‘right to disconnect’

#Workplace Relations & Safety

The newly passed ‘right to disconnect’ under the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 poses as another potential minefield for employers to navigate. We outline what every employer needs to know.

01 September 2023 - Knowledge

Queensland Government Bulletin: Queensland’s public sector whistleblowing laws – time for a new Act?

#Government

We discuss the key recommendations proposed in the recent Review of the Public Interest Disclosure Act 2010 report and the likely ramifications for public sector agencies if these recommendations are implemented.

29 May 2023 - Knowledge

Queensland Government Bulletin

#Government

We round up the latest government news in Queensland.

18 April 2023 - Knowledge

Queensland Government Bulletin

#Government

We provide an update on some of the most significant changes to Queensland public sector employment arrangements arising from the Public Sector Act 2022 (Qld).

22 February 2023 - Knowledge

Public Sector Act 2022 – new legislative employment arrangements for the Queensland public sector

#Workplace Relations & Safety, #Government

This article highlights some of the most significant changes to Queensland public sector employment arrangements arising from the Public Sector Act 2022 (Qld)

29 November 2022 - Knowledge

Queensland Government Bulletin

#Government, #Data & Privacy, #Workplace Relations & Safety

This edition includes a timely reminder to government agencies of the considerations that should be given to the collection, storage and retention of personal information. Plus, a discussion on the recent changes to the Industrial Relations Act 2016 (Qld).

26 September 2022 - Knowledge

Queensland Government Bulletin

#Government, #Workplace Relations & Safety

In this edition, we consider a recent decision of the Queensland Industrial Relations Commission that found an employer’s decision to allow an administrative support employee to work from home one day per week, rather than the requested two days per week, was fair and reasonable.