David is a partner in our Workplace Relations for Employees Group. His areas of practice include:
David has had many successes in the Courts, however, he acknowledges that the best interest of the parties are often served by facilitating discussions between the parties, particularly in sexual harassment and discrimination cases.
David’s recent experience includes:
In addition, David has been involved in other high profile litigation for employees, including:
David has been involved in several leading discrimination claims. These include a race discrimination claim (Feres v Box Hill College of TAFE), a dispute over the closure of a school with special programs for indigenous students (Sinnappan & Foley v State of Victoria  1 VR 421 (the Northland Secondary College case)), and sexual harassment claims (such as State of Victoria v McKenna  140 IR 256). More recently David was involved in proceedings in the Federal Court and the High Court against the Commonwealth in relation to the remuneration of intellectually disabled workers.
With respect to disputes within organisations, David was involved in hard fought Federal Court litigation over the control of the not-for-profit organisation Ananda Marga in Australia (Ananda Marga Pracaraka Samgha Ltd v Tomar (No 6)  FCA 284). This case resulted in a successful outcome for David’s clients and an order for indemnity costs. More recently he has been involved in litigation on behalf of the Celtic Club in relation to the sale of its building. In addition to litigation, David provides advice on rules, disputes and regulatory matters.
David has, over many years, been involved in pro bono work. His experience includes several high profile cases where he has acted on behalf of refugees and Aboriginal people, including:
Recently, David settled a claim against the Commonwealth on behalf of nine Save the Children employees who were expelled from Nauru. The settlement involved compensation and a statement from the Commonwealth acknowledging that the clients had be wronged.
04 Feb 19 to 29 Nov 19 - Sydney
Please register your interest for our Privacy & Data Roundtable Series 2019 which will be held in Sydney, Brisbane and Melbourne. Please click here for further details and to register your interest.
27 Feb 19 to 11 Dec 19 - Sydney
This series will equip you with the knowledge and tools to buy and/or sell better, will ensure you remain compliant in this increasingly regulated environment, and will maximise your chances of success and beat off the competition.
14 May 19 - Brisbane
The first seminar of our procurement seminar series will discuss probity in procurement. Key issues addressed will include: the key tenets of probity, what is value for money, what does conflict of interest mean and how to manage them, some war stories, navigating disclosure and confidentiality in procurement, what does accountability mean and how do we achieve it?
16 April 2019 - Knowledge
#Workplace Relations & Safety
Victoria is the latest state to make industrial manslaughter a criminal office, with employers who are found to be negligent to face a maximum of 20 years' imprisonment. Fines of up to $16 million will apply for corporate offenders.
09 April 2019 - Knowledge
#Workplace Relations & Safety
An employee’s termination of employment for posting for 9000 critical – and anonymous - tweets has prompted the question of whether there has been a could be a contravention of constitutional freedoms.