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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 edition 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

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.

08 June 2022 - Knowledge

QIRC affirms former Department of Education Deputy Director-General guilty of misconduct

#Workplace Relations & Safety, #Government

The Queensland Industrial Relations Commission (QIRC) has affirmed the findings that the former Department of Education Deputy Director-General had engaged in misconduct in the principal appointment scandal at the new state secondary college in Brisbane’s inner south.

20 April 2022 - Knowledge

Vaccine mandates in the Queensland Public Service – learnings from cases decided so far

#Workplace Relations & Safety

We look at the key outcomes of various vaccine mandate cases in the Queensland Public Service.

22 September 2021 - Knowledge

Queensland Government Bulletin

#Government, #Workplace Relations & Safety

Legal representation in the QIRC – a recent case before the Industrial Court of Queensland provides guidance on applications for legal representation but says "it is mysterious why the QIRC does not have a broader discretion”.

18 August 2021 - Knowledge

Court raises the bar on compensation for sexual harassment and discrimination in Queensland

#Workplace Relations & Safety

The Industrial Court of Queensland has dramatically increased the compensation for a woman who was tormented, humiliated and sexually harassed by her employer for 14 months.

13 July 2021 - Knowledge

Queensland Government Bulletin

#Government, #Workplace Relations & Safety

An industry proposal to allow employers to access vaccination data on their staff has been rejected as “unacceptable” by the Australian Council of Trade Unions. The federal government currently indemnifies GPs and other commonwealth providers of the vaccine but no indemnity exists for any employers.

Upcoming Seminars