Our Lawyers

Janine Smith


Senior Associate
Sydney Office
(02) 8226 7311
jsmith@codea.com.au

Areas of Practice
Employment and Industrial Law
Work Health and Safety
Litigation and Dispute Resolution

Current Practice
Janine regularly advises and represents both employers and employees across the full spectrum of employment related matters including: unfair dismissal; general protections and workplace rights; contractual interpretation and negotiation; unlawful termination; discrimination, harassment and bullying; restructuring, redundancy and exit negotiations; grievance resolution procedures and workplace investigations. Her clients include a wide range of stakeholders in workplace relations – employers, employees, representative bodies, government and not-for-profit organisations. Janine also has extensive experience in the area of occupational health and safety, having acted for both the prosecuting authority in NSW and for corporations and individuals facing investigation and/or prosecution. In addition to conducting litigation within the context of employment and OH&S matters, Janine also conducts litigation dealing with contractual and commercial disputes. For many years, she has conducted litigation in superior Courts such as the Supreme, Industrial and District Courts of NSW and the Federal Court of Australia, in which Courts she appears as an advocate on interlocutory hearings. Janine also has considerable experience in representing clients involved in disciplinary proceedings before specialist tribunals.
 
Professional Experience
Janine was admitted to legal practice in June 1991 and joined Carroll & O'Dea as a Solicitor in August 1991. In 1995 Janine took two years' leave of absence and worked in the UK as a locum solicitor for the London Fire and Civil Defence Authority (London Fire Brigade) defending civil claims brought against the Authority by employees, members of the public and other institutions. Janine also worked as a locum solicitor with UK Environment Agency prosecuting offences under the Environmental Protection Act 1990 and the Environment Act 1995. Janine returned to Carroll & O'Dea in late 1997 and has continued to consolidate her skills and knowledge in the area of litigation and dispute resolution, primarily but not exclusively in the context of employment and OH&S.  Having gained extensive experience in all areas of compensation law, Janine was awarded Specialist Accreditation by the Law Society of NSW and remained so accredited from 2000 to 2009. (Regulations prohibit the listing of areas of practice within the area of compensation law). Janine also acted for Plaintiffs in claims against the State arising out of Aboriginal deaths in custody and for members of the 'Stolen Generation'.
 
Professional Background
Janine has a Bachelor of Arts (First Class Honours) and a Bachelor of Laws degree from University of Sydney.  Apart from a period of time overseas, Janine has been with Carroll & O'Dea since 1991. She is a co-convenor of the NSW Chapter of the Australian Labour Law Association and is a member of the Women Lawyers' Association of NSW. She is presently undertaking a Master of Laws degree, part time, at the University of Sydney.