Samantha Kane

Assistant Crown Solicitor

Samantha, who manages one of two Workplace Law Teams in Crown Law, provides expert legal advice and representation in discrimination, industrial and employment law litigation and discipline processes. She is also experienced in drafting and advising on workplace policies and procedures and employment contracts.

Samantha has 20 years’ specialist experience in employment and anti-discrimination law and has worked exclusively for State public sector agencies for 10 years. Her career began at Legal Aid Queensland before moving into private practice and working in the United Kingdom. Prior to joining Crown Law in 2004, Samantha was an Associate at Mullins Lawyers where she was responsible for the development of their employment and discrimination law practice.

Samantha regularly appears before the Queensland Industrial Relations Commission in relation to various industrial issues, including representation in relation to industrial disputes, freedom of association claims, unfair dismissal matters and Q-COMP appeals. She has also appeared in the Queensland Civil and Administrative Tribunal, Supreme Court of Queensland and the Court of Appeal in respect of discrimination proceedings.

  • Overseeing and  coordinating a team of lawyers representing the State in relation to 22 race  discrimination complaints brought against the State and 38 of its officers by  a prisoner, comprising 551 pages of handwritten complaint material, over a  five-year period. The prisoner withdrew each of the complaints.
  • Defending a department involved a series of industrial disputes and  subsequent unfair dismissal proceedings brought by an employee in the  Queensland Industrial Relations Commission. The decision is an important  precedent in considering the breakdown of the relationship of trust and  confidence between employer and employee.
  • Preparation of  discipline correspondence and conduct of subsequent unfair dismissal  proceedings and penalties which addressed the right of an employer to take into account an  employee’s conduct during the discipline process.
  • Providing complex  advice to the State in relation to potential liability under State and Federal  anti-discrimination laws arising from the implementation of a significant  redress scheme.
  • Representing the complainant in a matter before the Anti-Discrimination Tribunal Queensland and Supreme Court of Queensland, a leading Australian authority on the vicarious liability of employers in anti-discrimination claims.