Practice area(s): Employment law services
Location(s): Melbourne
Qualification(s): LLB, BA

Kamal Farouque is a Principal in Maurice Blackburn's Employment practice with extensive experience in employment, discrimination and workplace law.

Kamal is well recognised as an effective employment lawyer. He is one of the select few Melbourne employment lawyers recommended by Doyle’s Guide as a leading lawyer in his field, and he is also listed by Doyle's Guide as the preeminent Australian employment lawyer for employees as well as being part of the only first tier law firm for employee & trade union representation in Victoria in 2017. He was invited by the Fair Work Commission to present a moot for Law Week on the anti-bullying jurisdiction, has an in-depth understanding of the legal and practical aspects of employment law and knows how to navigate the myriad of issues in this increasingly complex and ever-changing area of law.

Kamal advises employees, including senior executives, on employment issues including:

  • redundancy entitlements and redundancy pay claims
  • contractual pay rights including bonus rights, short term incentive (STI) payments, long term incentive (LTI) payments and sales commission payments
  • wrongful dismissal and reasonable notice claims
  • Fair Work Act adverse action (general protections) dismissal and non-dismissal claims
  • discrimination claims under equal opportunity laws, including sexual harassment, sex discrimination and maternity leave discrimination claims
  • disciplinary issues including advising employees on their rights in the disciplinary process, the strategy and tactics of dealing with disciplinary process and litigation options
  • statutory employment rights of Commonwealth and Victorian public sector employees
  • negotiating contracts of employment which better protect employee rights, and
  • exit strategies to negotiate favourable terms of departure when the employment relationship has deteriorated.

Kamal also has experience in conducting litigation in courts and tribunals including the Federal Court, the Supreme Court, the Magistrates Court, industrial tribunals and discrimination tribunals. Examples of his experience include representing:

  • a senior Victorian public sector employee in Federal Court litigation over a disciplinary process which resulted in a landmark decision by the Court to overturn her suspension and put her back to work Quinn v Overland [2010] FCA 799 (28 July 2010)
  • dismissed employees in Federal Court interim injunction applications in adverse action cases to have their employment reinstated eg AMWU v McCain Foods [2012] FCA 1126 (16 October 2012)
  • a senior IT professional who had been dismissed by a major bank for alleged misconduct. Kamal was successful in having his client reinstated with payment of significant compensation George Levendakis v ANZ Banking Group Limited (AIRC, PR915057); ANZ Banking Group Limited re George Levendakis v ANZ Banking Group Limited (AIRC, PR918604), and
  • Victorian special operations group police officers in a case before the Magistrates Court and the Full Federal Court to recover a substantial amount of unpaid allowances Chief Commissioner of Police v Kerley [2008] FCAFC 41 (20 March 2008).

Kamal also has extensive experience appearing as an advocate having practised as a Barrister at the Victorian Bar between 1999 and 2004.

Memberships & accreditations

  • Law Institute of Victoria Member

Awards

  • Doyle's Guide Victorian Preeminent Employment Lawyer 2017
  • Doyle's Guide Australian Preeminent Employment Lawyer 2016
  • Doyle's Guide Melbourne Leading Employment Lawyer 2016
  • Doyle's Guide Leading Employment Lawyer 2015
  • Doyle's Guide Recommended Employment Lawyer 2014
  • Doyle's Guide Recommended Employment Lawyer 2013
  • Doyle's Guide Recommended Employment Lawyer 2012