Employment Law Symposium
213N10: Hear directly from the Fair Work Commission. Gain essential knowledge of the most topical workplace issues today, including redundancies, termination disputes, unfair dismissals and restraints of trade. In the afternoon, explore the maze of worker’s compensation and employment law legislation, analyse freedom of speech in the workplace, & explore current conundrums being faced by many regarding pay and leave entitlements.
Description
Attend the full day and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Termination and Dismissal – Current Concerns
Chair: Michael Barnes, Partner, Carroll and O’Dea
9.00am to 9.05am Opening Comments from the Chair
9.05am to 9.35am Insights from the Fair Work Commission
Keynote Address: Commissioner Johns OAM, The Fair Work Commission
9.35am to 10.25am Redundancies: The Next Wave
- Restructuring: When and why?
- Consultation: What are your obligations?
- Costs, plus special considerations arising from the JobKeeper scheme
- Keeping boundaries clear: Operational change or employee performance?
- Best practice tips
Presented by
10.25am to 11.15am Navigating Termination Disputes
- Defending employers/employees in workplace disputes
- How to mediate workplace disputes from both sides effectively
- Laws with which you need to comply
- Medical evidence: what you need to know
Presented by Kellie Edwards, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2020
11.15am to 11.30am Morning Tea
11.30am to 12.20pm Unfair Dismissal Claims: The Current Issues
- A recap on steps to avoid claims
- Managing different types of dismissals
- Popular alternatives to unfair dismissal claims
- Recent cases of note
Presented by Tim Capelin, Partner, Piper Alderman
12.20pm to 1.10pm Managing Restraints of Trade
- The scope and operation of restraint of trade clauses
- How to address restraints post-employment: for employees and employers
- Use of confidential information by former employees
- Other applicable causes of action
Presented by Catherine Bembrick, Barrister and Andrew Fox, Barrister, 5 Wentworth Chambers
1.10pm to 1.15pm Closing Comments from the Chair
Session 2
The Three Hot Topics for 2021
Chair: Alex Grayson, Principal Lawyer, Maurice Blackburn
2.00pm to 3.00pm Navigating the Intertwined Maze of Employment Law and Workers Compensation Legislation in Psychological Injury Cases
Explore the often challenging intersection between employment law and workers compensation legislation when a worker has claimed for psychological injury.
- Identifying relevant employment law principles and workers compensation provisions
- How to correctly manage the Return to Work process
- Handling performance & conduct issues with a worker suffering from psychological injury
- When and how to dismiss an injured worker, lawfully and fairly
- Knowing the legal risks and how to mitigate against them
- Additional challenges that COVID-19 raises at the present time
- Recent cases
Presented by Adrian Barwick, Solicitor Director, WilliamsonBarwick; Accredited Specialist in Employment & industrial Law; Recommended Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide 2019
3.00pm to 4.00pm Does Freedom of Speech Exist in the Workplace?
- Case study: Ridd v James Cook University and the implications for employers
- The limits on ‘freedom of speech’ for employees
- Regulating the conduct of staff on social media outside of working hours
- Can it be done?
- Should it be done?
Presented by Michael Byrnes, Partner, Swaab
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Casualisation and Associated Issues, and Underpayment Issues
- Underpayment issues, including approach by Fair Work Ombudsman
- How to avoid double counting: an analysis of Rossato v Workpac, and following cases
- New legislation on casual employment reforms
- Leave accrued entitlements for casuals: do we need to adjust contracts or agreements?
Presented by Chris McArdle, Principal, McArdle Legal
Presenters
Michael Barnes
Michael’s depth of experience, ability to get to the heart of an issue and communication skills put him at the top of employment & industrial law and personal injury. Michael is recognised in the profession as a leading practitioner in these practice areas and is accredited by the NSW Law Society in employment & industrial law and personal injury. He has served on a variety of committees of the Law Society, including as part of the peer review process by which solicitors become accredited specialists in employment and industrial Law.
Kellie Edwards
Kellie Edwards was called to the Bar in 2005, and is at Denman Chambers and is an accredited mediator and arbitrator. A large proportion of Kellie's practice is in the various employment and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. She is a qualified arbitrator and mediator and has advised and appeared in coronial inquiries. Prior to becoming a barrister, Kellie dabbled with the idea of becoming an architect and gained an Honours degree in Communications, however, she commenced Law and found her calling.
Tim Capelin
Tim Capelin is recognised as one of Australia’s leading workplace lawyers. He created and led Australia’s top boutique workplace law firm for more than a decade before accepting Piper Alderman’s invitation to join our practice. Tim has over 25 years’ experience in employment and industrial relations law. Tim understands the commercial realities of business from the perspective of a business owner and adviser. This background enhances Tim’s provision of strategic advice to clients on employment and workforce matters. He is an experienced advocate and has represented employers in all relevant tribunals and courts.
Catherine Bembrick
Catherine Bembrick is a barrister at 5 Wentworth Chambers specialising in employment, competition and consumer law, intellectual property and general commercial litigation. Catherine regularly deals with restraints of trade in the course of her practice. Before to coming to the Bar Catherine worked at Allens in the competition and consumer group and at Slaughter and May in London. She was also Associate to the Hon Justice Bennett AO of the Federal Court of Australia and in 2009 was awarded a Master of Laws degree with first class honours from the University of Cambridge.
Andrew Fox
Andrew Fox came to the Bar in 2006 and specialises in intellectual property and commercial litigation. Prior to commencing at the Bar, Andrew practiced as a solicitor for 10 years including at Corrs Chambers Westgarth, and later as a partner at the specialist IP firm, Griffith Hack. Andrew appears regularly in intellectual property and commercial matters, principally in the Federal Court of Australia and in proceedings before IP Australia. He has also lectured in contract law and litigation in the Faculty of Law at the University of Sydney.
Alex Grayson
Alexandra (Alex) Grayson is a Principal Lawyer who manages the Employment and Industrial Relations Practice of Maurice Blackburn's, Sydney office. She has approximately 25 years' experience in industrial relations, including almost 15 years as a labour lawyer. The prestigious Doyles Guide lists Alex as a leading lawyer for employees and trade union representation in NSW and Australia and her team as one of the top law firms for employee & trade union representation in NSW. Alex is a passionate and committed lawyer with a keen interest in social justice and industrial relations.
Adrian Barwick
Adrian was admitted as a Legal Practitioner of the Supreme Court of New South Wales on 1 December 1995 and has practised almost exclusively in employment and industrial law since 2001. In October 2005, Adrian obtained specialist accreditation from the Law Society of New South Wales in Employment & Industrial Law, and has acted as an Assessor for the examination of specialist accreditation candidates. In 2005 to 2009, Adrian was a sessional lecturer in Employment Law in the Business School of the Australian Catholic University, MacKillop Campus, North Sydney.
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.
Chris McArdle
Chris McArdle is one of approximately forty lawyers in New South Wales accredited by the Law Society of New South Wales as a specialist in Employment and Industrial Law. Chris has been in legal practice since 1988 and prior to that, served as a Commissioner of the Industrial Relations Commission of New South Wales. Chris acts for corporate and individual clients with a philosophy of preventing problems and increasing corporate efficiency. Chris has achieved a number of breakthroughs in the anti-, discrimination, employment contracts and Registration of Agreements Jurisdictions.
Kevin Yee
Kevin Yee is a Partner at award-winning employment law firm Danny King Legal. He is also an educator on the side: he has helped create and convene the Employment Law course at the University of New South Wales for several years; and has most recently chaired a number of Thomson Reuters Australian roadshows dealing with mental health issues in the workplace (when we could all still travel). His current practice focuses on helping employee and employer clients to navigate the impacts of COVID-19.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia