McCue's terms of employment had been agreed verbally over time after she began work in September 2014 and over an extended period she raised various concerns about how time for annual and sick leave were recorded.
In her emails to McCue, the lawyer told her there was no need for a written employment contract because it was not a legal requirement.
She and O'Boyle debated the issue through lengthy email exchanges over several days and McCue walked out of the office when things came to a head on September 25, 2018.
O'Boyle demanded she return to work and gave her a written warning for taking unauthorised leave.
McCue provided a medical certificate that stated she was experiencing work-related stress but should be able to return once issues were resolved.
McCue resigned on October 4, 2018.
The court ordered the lawyer to pay her $15,000 for humiliation, loss of dignity and injury to feelings, and a further $14,625 for lost remuneration.
Judge Bruce Corkill said it was surprising O'Boyle, as a lawyer, did not appreciate an employment agreement needed to be in writing and took the position this was not required.
"This was a view she held until the end of the employment relationship. Even at that stage, when Ms McCue pointed out that a written employment agreement was a statutory requirement, Ms O'Boyle was adamant it was not."
O'Boyle told the court that in late 2018, she proposed an individual employment agreement be signed by McCue, for the purposes of a restructuring of her practice which she wished to effect early in the following year.
"That, however, does not mitigate the non-compliance which had existed for several years up to that point. In any event, Ms McCue left before such a step was implemented," Judge Corkill said.
McCue's lawyer David Grindle argued that O'Boyle's administration of holidays and leave was confusing and chaotic.
He said O'Boyle had failed to pay McCue multiple statutory holidays and bereavement leave which was due, an entire week was paid as public holidays instead of hours worked, and nine days was deducted for a five-day annual leave.
O'Boyle said McCue took a "pernickety approach" to her leave entitlements which almost bordered on obsessiveness.
The court rejected that claim.
Judge Corkill said the wealth of material related to leave issues before the court established that O'Boyle's administration of holidays and leave was inadequate.
Public holidays were not properly offered within the first 12 months and it was surprising those that provided the external payroll services did not advise O'Boyle appropriately in that regard, he commented in his judgment.
Judge Corkill said no bereavement leave was paid when it should have been and further problems arose because of the rudimentary system which was adopted for recording hours of work in a notebook.
"The use of a dedicated payroll book containing provision for, at least, ordinary and overtime hours worked, and the recording of holiday and leave balances, were steps a fair and reasonable employer could have maintained in the circumstances."
