Bernadette McCabe
Special Counsel , Sydney
I'm an experienced and strategic employment and industrial relations lawyer. I work with clients to deliver practical, timely solutions to litigious and commercial issues, covering the full spectrum of workplace law from day-to-day advisory work through to large complex disputes.

Bernadette. brings deep knowledge of workplace regulation to every engagement, guiding organisations through the full lifecycle of the employer-employee relationship, from drafting contracts, policies, industrial agreements and awards, to managing restructures, conducting workplace investigations, and resolving disputes involving unfair dismissal, discrimination, general protections and breach of contract claims. Her advice also extends to award arbitrations, enterprise agreement bargaining, work health and safety obligations, privacy and workplace surveillance, and the employment dimensions of corporate transactions. 

Beyond her advisory and disputes practice, Bernadette has particular depth in the Health and Government sectors, where she helps clients navigate the intersection of employment law and administrative law. She supports decision-makers in reaching legally sound and defensible administrative decisions. 

Bernadette also has specialised experience in large litigation, regularly acting for clients in class actions and large arbitrations. 

Bernadette is a trusted training provider, designing and delivering programmes for clients on topics such as appropriate workplace behaviour and broader employment law compliance. 

Career highlights

  • Acting in three separate class actions concerning the underpayment of junior medical officers in both public and private hospital settings.
  • Acting in large-scale arbitrations to determine the terms and conditions of engagement for visiting medical officers and junior medical officers working across public hospitals, including proceedings concerning classification and employment status. 
  • Acting in Fair Work Commission reviews of modern awards covering nurses and allied health professionals, including proposed wage increases and changes to classification structures. 
  • Acting in workplace health and safety matters, including rostering arrangements for nurses in large mental health facilities. 
  • Advising on the positive duty on employers to proactively prevent sexual harassment, including delivering training, facilitating executive workshops, conducting audits of preventative measures and developing action plans. 
  • Advising and acting in unfair dismissal, adverse action and discrimination claims.  
  • Advising on executive employment contracts and incentive arrangements.