On 14th December 2011, at Sydney NSW, workplace-relations lawyer and social psychology expert Amanda Harvey shared her professional and career interests during an interview.
Currently practising as a Sydney workplace-relations lawyer, but with wider consulting interests and expertise, Ms. Harvey holds a Bachelor of Arts degree in Social Psychology as well as a Bachelor of Laws degree from the University of Western Sydney. She also holds a Graduate Diploma in Psychology from the University of Western Sydney, and a Master’s Degree in Labour Law & Relations from the University of Sydney.
Professional Profile
Amanda Harvey has significant experience in employment and industrial relations, along with experience in general commercial litigation. Her work has involved defending applications in State and Federal jurisdictions concerning unfair, unlawful and wrongful dismissal, unfair contracts, breach of contract, notice, harassment, discrimination, underpayment and misleading and deceptive conduct claims.
Ms. Harvey's areas of expertise include:
- post employment restraint, including advice regarding the enforceability of non compete and non solicitation restraints;
- declarative and injunctive relief in relation to post-employment restraint;
- labour and industrial relations law, both state and federal;
- development of incentive and retention schemes;
- workplace investigations;
- occupational health and safety.
Ms. Harvey's most significant matters include:
- acting for employers in Supreme Court proceedings involving restraint and confidentiality issues arising when employees move to a competitor;
- conduct of workplace investigations and legal proceedings as part of panel arrangements for NSW Health;
- acting for a large national retailer in seeking an administrative review of a departmental decision to reject an application to trade on Easter Sunday and defending a departmental decision to allow such trading on Boxing Day 2008; and
- jurisdictional challenges and administrative review of decisions including a constitutional challenge to the jurisdiction of the Industrial Court of New South Wales.
Professional Skills and Interests
Ms. Harvey was interviewed in order to articulate her multi-professional skills. During our interview, Ms. Harvey related some aspects of her work that she found most rewarding, including:
- Assisting in the performance and disciplinary management of employees.
- Advice, representation and advocacy in relation to claims and industrial disputes, including unfair dismissal, wrongful dismissal, general protections, discrimination, loss of opportunity, etc.
- Conducting workplace investigations in relation to misconduct allegations, and investigating and advising on strategy to address endemic problems, including historical and ingrained practices such as initiations, fear or failure to report concerns, perceived managerial inaction, sexism, bullying and intimidation.
- Auditing policies and procedures to ensure that anti-discrimination, anti-harassment and other business policies reflect current best practice and satisfy legislative requirements.
- Design and delivery of training to all levels of employee in relation to appropriate workplace behaviour, procedural fairness, management of employees, etc.
- Providing guidance to companies on methods to align industrial agreements, performance incentives, contracts and workplace policies with company vision statements and cultural objectives.
- Drafting and review of all employment and independent contractor contracts and associated agreements and policy. Particular experience in agreement preparation for on-hire agencies of employees and contractors. Negotiation of enterprise bargaining agreements, including notification, consultation and approval processes.
- Advising on statutory and industrial instrument coverage, employer requirements in relation to national employment standards and record keeping requirements. Development of incentive and retention schemes (individual/group/organisational), and ensuring that legislation and industrial agreements are not a barrier to use.
- Convening and conducting informal and formal mediation and dispute resolution in relation to claims and potential claims, with an emphasis on the identification of non-legal and non-litigious solutions to employment and industrial issues.
Source:
Personal Interview with Ms. Amanda Harvey, Sydney NSW, 14th December 2011.
