Workplace Law: Employee Misconduct, Redundancies and Mental Health
Explore the most successful strategies for managing employee misconduct and criminal activity when advising your clients. Manage the legal implications of redundancies and stand downs. Gain the information and strategies you need to advise clients dealing with employees with mental health issues in the workplace.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Ian Bennett, Special Counsel, Workplace, Sparke Helmore Lawyers
9.00am to 10.00am: Managing Employee Misconduct and Criminal Acts: Rising Issues Following COVID-19
- What constitutes misconduct?
- Fraudulent and other forms of misconduct arising from the pandemic
- A guide to how to respond when issues arise
- Protecting the interests of employers and staff
- Navigating legal risks related to the interaction with criminal law: Beyond reasonable doubt?
Presented by Michael Byrnes, Partner, Swaab
10.00am to 11.00am: How to Navigate the Litigation Hot Spots of Redundancies and Standing Down
- Redundancy during the crisis
- Standing down employees: the legal considerations
- The rising risk of employer liability
- Criteria required for redundancy selection
Presented by Elizabeth Devine, Principal, Devine Work at Law
11.00am to 11.10am: Break
11.10am to 1.10pm: Masterclass: Advising Your Clients on Managing Employee Mental Health Risks
Explore the prevalence & causative factors of mental health issues in the workplace. In this Masterclass, Robert will guide you through the difficult conversations and issues employers will need to navigate with staff when mental health issues arise.
- Identifying individuals who present as self-harm or suicide risks in the workplace
- Identifying health and safety obligations: What is the duty of care when dealing with employees who present as unstable?
- Who is a self-harm risk?
- Profiling individuals who are at risk and determining the related health and safety obligations
- How to create a risk free workplace
- What does a safe and proactive workplace look like?
- How to establish mental health protective factors to reduce the risk of absenteeism, psychological distress and self-harm
Presented by Robert Migliore, Managing Director, Principal Consultant, Practice Lead, Actevate, Clinical LecturerUniversity of Sydney, Faculty of Medicine and Health
Presenters
Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation.
Mr Robert Migliore - HlthSc., (Rehabilitation Counselling) (USYD), Managing Director, Principal Consultant, Practice Lead Clinical Lecturer University of Sydney, Faculty of Medicine and Health
Robert is passionate about shifting perspectives of mental health, wellbeing and recovery in workplaces. Beginning his career as a RTW specialist for a major insurer Robert is now a lecturer and researcher whose expertise lies in the areas of complex claims profiling, risk and root cause analysis. Robert is the founder of Actevate, an accredited, occupational return to work and medical screening provider based in Sydney's CBD and serves as an advisor to the NSW Government on health, wellbeing, bullying, harassment and workplace mental health. Robert’s interest in industry resolve complex workplace health issues developed over 25 years working within the Workers Compensation and Occupational health arenas.
Elizabeth Devine
Elizabeth Devine is a specialist in employment law and conflict management. Elizabeth is the Founder of Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management. In this role she provides a range of services to private and public sector employers. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 28 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 23 years.
Ian Bennett
Ian Bennett is an experienced workplace lawyer specialising in employee relations, work health and safety (WHS) and coronial inquests. He provides practical and pragmatic advice to help employers effectively manage complex legal issues arising in the workplace with strategies that look at the bigger picture and mitigate potential flow-on effects (such as public relations, commercial arrangements, insurance and regulatory compliance). Ian frequently assists clients with a broad arrange of matters that arise in connection with contemporary workplaces including long-term absenteeism, fitness for duties, bullying and harassment, discrimination, dismissal disputes and industrial instrument interpretation.