Lydia Daly
Senior Associate
Practice Area
Experience
Lydia has been practising law for eight years, with a specialist focus in employment and industrial relations. Her considerable expertise includes advice and litigation in discrimination, unfair dismissal, employee misconduct/poor performance/termination, occupational health and safety compliance, and workers’ compensation claims. An experienced advocate, Lydia often appears in the Queensland Industrial Relations Commission, the State and Federal discrimination commissions, and the Industrial Magistrates Court. She has also negotiated numerous, favourable out of court settlements.
Prior to joining Hemming+Hart Lawyers, Lydia provided legal advice and representation to Queensland government departments and agencies for 13 years, including the Department of Corrective Services, Department of Transport and Main Roads, Department of Education and Training, Department of Public Works; Department of Justice and Attorney-General; Queensland Health, and the Commission for Children, Young People and Child Guardian.
Lydia brings a wealth of experience concerning all aspects of public service employment, government/administrative law, employment contracts, statutory interpretation, and constitutional law. She has also been involved in preparation of Queensland Health’s evidence in the Bundaberg Hospitals Commission of Inquiry 2005.
Lydia also managed significant litigation on behalf of the State in the Federal Court, Court of Appeal and High Court, including NSW v Commonwealth (Work Choices Case) (2006) 229 CLR 1.
Recent Matters
- Defending employees and a contractor of an oil and gas drilling company, against a health and safety prosecution in the Industrial Magistrates Court by the Commissioner for Mine Safety and Health alleging multiple offences of the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
- Conducting general protection (adverse action) claims in Fair Work Australia and the Federal Magistrates Court on behalf of employees at senior management level;
- Defending statutory and common law workers’ compensation claims by employees and independent contractors against various clients;
- Advising and representing an employer in relation to their appeal in the Industrial Magistrates Court against an increased WorkCover premium assessment relating to contractors who were deemed to be “workers”;
- Conducting discrimination complaints in the ADCQ and Australian Human Rights Commission on grounds of sex and pregnancy following termination; and
- Advising large mining services companies that manage mine sites around Australia regarding employee entitlements and changes to employment conditions in the context of relevant enterprise agreements, common law contracts and NES requirements.
Professional Background and Education
Qualifications
- Bachelor of Laws, University of Queensland
- Bachelor of Business (Management), University of Queensland
Admissions
- Supreme Court of Queensland
- High Court of Australia
- Federal Court of Australia
Professional Memberships
- Queensland Law Society
- Industrial Relations Society of Queensland
Recent Publications
Workplace Health and Safety Harmonisation - Officers' Duty of Due Diligence (November 2011)
“Be aware of your duties”, Oil and Gas Bulletin, Vol 16, No 10 p 3, October 2011
“Petroleum and Gas (Production and Safety) Act 2004: How could potential safety breaches and penalties affect you?”, Oil & Gas Australia, October 2011