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Rachel Drew

LLB (Hons), BA

Partner - Brisbane

Areas of Expertise

Workplace Relations & Safety, Immigration Law

Expertise

Rachel is a highly experienced workplace lawyer specialising in employment & industrial relations issues, including industrial bargaining, workplace disputes, Federal Circuit Court & Fair Work Commission litigation, employee misconduct investigations, professional misconduct defence, business sponsorship and migration, defamation disputes, work health and safety, contract disputes, discrimination, managing discipline and dismissal, and transmission of business. 

Extensive industry experience in government, education, medical & allied health and construction & resources sectors. 

Certified professional member of the Australian Human Resources Institute.

Registered Migration Agent specialising in successful business visas.

Specialties: 

  • workplace law
  • workplace misconduct and employee conduct investigations
  • Federal Circuit Court & Fair Work Commission disputes
  • business migration
  • industrial relations
  • public sector employment
  • work health and safety investigations.

Rachel has been named in the 2014 to 2020 editions of Best Lawyers in Australia for the area of Labour and Employment Law. She has also been included in the Asia Pacific Legal 500 Publication for Corporate/M&A.

Experience

Rachel’s key experience includes the following:

Employment and Industrial Relations

Preventing and resolving disputes, and representation of clients, in a range of State and Federal courts and industrial commission and tribunals, on matters including:

•  public sector employment issues

•  contractual claims

•  interpretation of industrial instruments

•  professional misconduct and dismissal issues 

•  discrimination and harassment complaints.

Workers’ compensation

  • managing more than 100 WorkCover claims each year, representing both workers and employers in the Industrial Magistrates Court and the Queensland Industrial Relations Commission at the review and appeal level
  • advising employers on WorkCover claims including obtaining factual evidence, advising on the correct level of compensation payable and rehabilitation obligations
  • acting for the Queensland Teachers Union and the Queensland Independent Education Union, representing many members in workers’ compensation claims and before the Medical Assessment Tribunals of WorkCover Queensland.

Work health and safety

  • prosecuting on behalf of Queensland Government Departments for work health & safety breaches, including all witness preparation, interlocutory applications and trial management 
  • representing employers and various levels of management in response to work health and safety incidents, including attending investigation interviews, responding to Infringement Notices and representation in court prosecutions.

Equal employment and opportunity

  • representing clients in the Anti-Discrimination Commission Queensland, QCAT and the Australian Human Rights Commission.

Professional Bodies Registration Compliance and Disciplinary Issues

  •  advising professionals in relation to issues arising out of insurance coverage, professional registration and allegations of misconduct.

Publications

25 January 2019 - Knowledge

A lack of capacity to work can be a manifestation of a mental disability

#Workplace Relations & Safety

Employers who are concerned about an employee’s capacity to work need to take care when taking management action against them if they are suffering from an illness or disability.

14 January 2019 - Knowledge

New National Employment Standards entitlement to family and domestic violence leave

#Workplace Relations & Safety

Following recent changes to the Fair Work Act 2009 (Cth), all employees can now take unpaid leave in order to deal with family and domestic violence. Previously, family and domestic violence leave was only available to employees covered by industry and occupation awards.

05 November 2018 - Knowledge

Preventing the HR hangover: Vicarious liability and the office Christmas party

#Workplace Relations & Safety

Businesses can be held to be vicariously liable for the actions of their employees at office Christmas functions. We set out some practical steps that your organisation can take to avoid the legal headaches that the silly season can bring.