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Kaitlyn Gulle

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Kaitlyn is a leading workplace relations lawyer who is sought after by clients for her technical expertise and commercial advice on all aspects of the employment relationship and defence of legal proceedings.

She is regularly instructed by private and public sector employers to assist in complex industrial, discrimination and general employment matters. Clients appreciate her ability to apply her deep knowledge of the law in this area to achieve excellent commercial outcomes.

Experience

Kaitlyn has significant experience across all areas of general employment, industrial relations and discrimination advice and litigation.

Kaitlyn provides clients with strategic advice on issues including application of awards and agreements; obligations under anti-discrimination legislation; enterprise agreement negotiations and disputes; employee entitlements; workforce restructuring and change management; protecting confidential information and intellectual property; responding to regulators; and conducting complex workplace investigations.

Kaitlyn has a particular interest in discrimination law and assisted in writing a handbook on discrimination law for the Victorian Equal Opportunity and Human Rights Commission.

Kaitlyn is an expert litigator and has represented public and private sector clients in all jurisdictions including the High Court of Australia; Federal Court (and Full Court); Federal Circuit Court; Fair Work Commission; State Courts (Supreme, County, Magistrates' and Coroner's) and Tribunals (Victorian Civil and Administrative Tribunal; Mental Health Tribunal; Victorian Equal Opportunity and Human Rights Commission).

Kaitlyn has been recognised by Doyle's Guide, Australasian Lawyer, Lawyers Weekly and Best Lawyers (Australia) in for her expertise in workplace relations law.

Kaitlyn has a Masters of Law and is a Law Institute of Victoria Accredited Specialist in Workplace Relations. She is a member of the Industrial Relations Society of Victoria, the Women in Industrial Relations Interest Group and the Australian Human Resources Institute.

Kaitlyn is a director on the board of OC Connections.

Career highlights

Kaitlyn's experience includes:

  • successfully acting for the Metropolitan Fire Brigade in Fair Work Commission proceedings seeking approval of its enterprise agreement in the face of intervention and opposition from the Commonwealth Minister and VEOHRC
  • representing the Country Fire Authority in Supreme Court proceedings brought by Volunteers Fire Brigade Victoria Inc seeking to restrain approval of its enterprise agreement
  • acting in the landmark Mammoet case before the High Court of Australia regarding the prohibition on making payments to employees during protected industrial action under the Fair Work Act 2009 (Cth)
  • representing two national clients in separate Supreme Court proceedings against two former employees to seek interlocutory injunctions, including successfully obtaining and executing an Anton Piller order
  • successfully resisting an application for a majority support determination brought by the ANMF against a large aged care facility
  • achieving successful outcomes on behalf of a number of major employers in general protections claims brought in the Federal and Federal Circuit Courts
  • acting for a government regulator (FWCB and ABCC) in Federal Court and Full Court civil penalty prosecutions for contraventions of the right of entry and general protections provisions in the Fair Work Act and the scope of these provisions
  • successfully defending claims of discrimination, sexual harassment and victimisation brought by employees, students and patients against Victorian public sector clients in a number of separate proceedings before the Victorian Civil and Administrative Tribunal
  • acting for public sector clients in defending Federal Court proceedings brought by self-represented applicants, including obtaining and advising, regarding enforcement of an order for costs
  • successfully defending a breach of contract claim in the County Court against a large public hospital, including securing and enforcing an order for costs
  • acting for a large public hospital in an investigation and subsequent prosecution by WorkSafe regarding the suicide of a patient.

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