Claire McGee

Senior Associate

Claire joined Gilshenan and Luton in 2015. She has significant experience representing health professionals such as doctors, nurses and other practitioners in matters brought by the Health Ombudsman or the National Board and assisting practitioners in coronial inquests.

Claire is also part of our employment law team, offering advice in all areas of employment law.

In addition to occupation discipline and employment law, Claire represents clients in all aspects of criminal law. In 2022, Claire gained Specialist Accreditation in Criminal Law through the Queensland Law Society. Claire acts in a diverse range of criminal matters, with particular experience in sexual offences and large-scale white-collar crime/fraud matters.

Claire is a member of the Medico-Legal Society, the Industrial Relations Society of Queensland, and the Women Lawyers Association of Queensland. She is also the firm’s pro-bono coordinator.

In her free time, Claire enjoys visiting home (England) and travelling the world.

Recent articles by Claire

Worker’s general protections claim fails in the Federal Court

Worker’s general protections claim fails in the Federal Court

A Federal Court employment law decision in 2024 emphasises what is required when establishing that the making of a complaint constitutes the exercise of a workplace right for the purposes of a general protections claim under the Fair Work Act.
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Post-employment restraint of trade

Post-employment restraint of trade

A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
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Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
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High Court finds employer not vicariously liable for employee’s negligent urination

High Court finds employer not vicariously liable for employee’s negligent urination

In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
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