As a specialist on all matters touching the workplace, Fay is passionate about wellbeing and inclusion drawing on over 20 years of experience as an employment lawyer. She presents at conferences, publishes articles and provides media commentary with a progressive approach to workplace issues including encouraging employers to move beyond compliance to the creation of healthy, inclusive and respectful workplaces.
Fay recently launched her new book, ‘Broken to Safe: Tackling Toxic Workplace Cultures and Burnout’. This essential guide offers a blueprint for cultivating healthy workplaces. Endorsed by top industry leaders and packed with real-world applications, Broken to Safe is more than a book — it’s a movement. Each chapter guides you through creating safer, healthier, and more resilient workplaces where every employee can thrive.
Fay is the Chair of National Diversity Inclusion and Wellbeing Council at Hall & Wilcox.
“Fay has great depth of knowledge and a focus on solving problems.”
General Counsel
Australian advisory firm
Fay provides practical advice and guidance on proactive compliance, change management and restructuring, discrimination, bullying, harassment, misconduct investigations, performance management, enterprise agreements, and industrial disputes.
Fay has commissioned countless independent investigations under legal professional privilege for large private and public sector employers nationally as a recognised “go to” expert for both clients and other legal professionals seeking a specialist on these issues. Fay provides advice to leaders, human resources and legal teams in relation to risks, exposures and risk management arising from them including cultural and reputational issues.
Examples include:
- Commissioning whistleblower investigation under legal professional privilege and advising the chairperson of an ASX listed board regarding alleged breaches of director’s duties and conflict of interest of one of the directors.
- Assisting a Baord or a not for profit corporation in relation to allegations of a relatonship between the CEO and deputy CEO resulting in a misuse of company funds; conflict of interest and allegations of workplace bullying and harassment by several workers.
- Assisting a multinational professional services provider with an investigation into allegation of sexual harassment and discrimination between a manager and subordinate and a further investigation into an altercation between co-workers at a work related function.
- Providing advice and assistance to the community housing provider relating to misconduct investigations, and disputes with employees and their unions regarding allegations of bullying, harassment and work health and safety.
- Successfully resolving a general protections claims for a state statutory body brought following the termination of an employee’s employment for failing to follow lawful and reasonable directions in circumstances where the employee had been diagnosed of ADHD with oppositional defiance disorder.
- Defending and resolving a Federal Court reasonable notice claim against a family owned manufacturing business that terminated the employment of their National Sales Manager after 30 years of service for serious misconduct including bullying, harassment and discriminatory comments to staff.
- Acting for a multinational food manufacturer, drafting and advising on an Enterprise Agreement and negotiating several provisions with the union providing increased flexibility and benefits for the employer. In addition, assisting in managing disputes with labour hire providers regarding casual labour and alleged Fair Work Act breaches.
- Assisting a national community housing provider, post acquisitions, with advice regarding transfer of employee entitlement, contracts and industrial instruments, amending contracts, policies and procedures.
- Advising a global manufacturer and importer regarding a national restructure and change management project including various cost cutting measures including directions to take annual leave, stand downs and shut downs under the company’s enterprise agreement, applicable awards and employment contracts.
- Drafting and advising on an Enterprise Agreement for global manufacturer and negotiating several provisions with the union, providing increased flexibility and benefits for the employer.
- Advising and represent a global manufacturer listed on the London Stock Exchange in fraud proceedings including obtaining freezing orders and recovery of monies from employee who had embezzled over AU$1.75m.
- Successfully representing a publicly listed international recruiter in a Fair Work Commission unfair dismissal claim brought following the summary termination of an employee for serious misconduct arising from a fraud audit.
- Commencing proceedings and negotiating undertakings for several professional services providers enforcing restraint clauses including non compete provisions and provisions relating to the non-solication of clients, customers, employees and contractors.
- Commencing Federal Court proceedings on behalf of a global manufacturer, executing search orders and securing a non compete of four years based on information stolen from clients and court ordered costs in favour of a client.
Awards and recognition
Australasian Lawyer’s Elite Women 2021 & 2023
Top 50 Leading Women in Law
Human Resources Director 5-Star Employment Lawyers 2021
5-Star Employment Lawyer
Lawyers Weekly Partner of the Year Awards
2021 | Finalist | Wellness Advocate of the Year
2022 | Winner | Employment Partner of the Year
2017 and 2019 | Finalist | Workplace Relations Partner of the Year
The Legal 500 Asia Pacific 2020-2024
Labour and Employment
Lawyers Weekly Women in Law Awards 2020
Finalist | Thought Leader of the Year
Best Lawyers in Australia 2019-2024
Labour & Employment Law
Doyle's Guide to the Australian Legal Profession 2021-2024
Employment Lawyers (Employer Representation) – NSW
NSW Women Lawyer’s Association Awards 2019
Highly Commended Women Lawyer of the Year
AGS (Australian Government Solicitor) Australian Women Lawyers Award 2018
Finalist
Women’s Agenda Leadership Awards 2014
Winner | Emerging Leader in Private Sector
Memberships
- Chief Executive Women
- Law Society of NSW