Zana Bytheway: Fighting for workplace rights
50 Years / 50 Voices: Learning law and changing lives is a commemorative volume marking the 50th anniversary of the ongoing Monash Law Clinical Program, a pioneering initiative in clinical legal education undertaken by the Faculty of Law at Monash University. 50 alumni of the Monash Law Clinical Program shared their story with 50 current students of the same program. This is an excerpt from the book.
It wasn’t a specific module or professor that shaped Zana Bytheway’s law journey. But when Bytheway took part in Monash Law’s clinical education program in the 1980s, for the first time everything she had studied became real.
Bytheway, now Executive Director of the employment rights legal service JobWatch, remembers her experience felt unfamiliar, exciting and daunting in equal measure. At Monash-Oakleigh Legal Service (now known as Monash Law Clinics Clayton), she met people who were facing real-life issues and they were turning to her, a student, for legal help. ‘It felt so real,’ she says. ‘This was an introduction to what I imagined the work of a lawyer to be.’
Bytheway’s journey into the legal profession was anchored in her innate sense of justice and her desire to help and empower those in need. As a woman studying law in the early 1980s, she was inspired by the social change movements of the time. The passing of the Sex Discrimination Act, which made it illegal to discriminate against women, especially in employment and education, particularly resonated with her.
When Bytheway enrolled in Professional Practice, she was nearing the end of her degree and hoping to gain insights into the life of a lawyer. She wanted to put her academic knowledge to use in a tangible way. ‘I was ready for the real experience,’
she says. ‘The steep learning curve.’ What she did not anticipate was how profoundly her Monash Law Clinics experience would shape not only her career but also her entire philosophy of legal practice.
‘Someone was relying on me,’ she recalls. ‘Timely, accurate and appropriate assistance was essential.’
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Learning that responsibility was a key ingredient for being a lawyer was galvanising. Under the supervision of lecturer Beth Gaze, Bytheway learned to deal with clients, research solutions, draft advice and communicate with empathy. ‘It was a model of learning that integrated critical aspects of what it means to be a lawyer,’ she says. ‘And it was invaluable.’
After graduation, Bytheway joined Galbally and O’Bryan, where she specialised in employment law, particularly sexual harassment and workplace discrimination. She went on to lead notable cases, including Coyne v P&O Ports, and Russo v Petracca, the first Australian case brought by a male employee against a female employer.
Throughout her time at Galbally and O’Bryan, Bytheway stayed connected to community legal work, providing pro bono assistance to JobWatch, a legal service she never left. Taking on a part-time role with the organisation while she was on parental leave became a 25-year career at JobWatch. Bytheway describes her years at JobWatch as being an incredibly rewarding experience, enabling her to assist and empower thousands of vulnerable workers facing workplace challenges on a daily basis. Educating the community and participating in significant law reform has been a highlight of her work.
In 2012, Bytheway developed a student internship program in partnership with the University of Melbourne that now also includes Monash Law as well as other law schools in Melbourne, placing over 1,700 students, who have now become colleagues. ‘They carry that experience with them, just as I did.’
Today, Bytheway speaks with conviction about the value of clinical education. She urges every law student to seize the opportunity to integrate clinical legal education into their degree, not simply because it looks good on their resume but because it has a substantial impact on their life. ‘It’s the perfect model of learning,’ she says. ‘It’s where the law through application becomes real.’
She strongly believes that clinical experience should be a compulsory component of legal education. Most significantly, she says, it helps students become engaged with their community and give back. ‘Law students should treat it not as an elective, but as something essential. Education they cannot afford to miss.’
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Get involved with Monash Law Clinics
Monash Law Clinics combine legal education with real-world impact, supporting access to justice while equipping students with practical, ethical and professional skills.
If you are a student interested in undertaking a clinical unit as part of your studies, explore the available clinical placements and elective options.
Whether you’re an alum, practitioner or organisation keen to support the clinics through hosting placements, partnerships, volunteering or funding, there’s a way to be involved. To learn more, contact Emily Collard, Industry & Alumni Engagement Manager, at emily.collard@monash.edu.