Discrimination and Adverse Action Claims 2021
WEB213N48: Take a practical look at complaints of discrimination, harassment and other forms of adverse action, how to identify discrimination in the workplace, minimising the risks when a complaint has been made, and how to manage performance in a world of discrimination and adverse action claims plus more.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Larissa Andelman, Barrister, 153 Phillip Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Sexual Harassment in the Workplace: Complaints, Management and Litigation
- Current stats and trends on sexual harassment in the workplace
- Minimising the occurrence of sexual harassment in the workplace
- Managing complaints of sexual harassment
- When it all goes wrong: the Australian Human Rights Commission and Court process
Presented by Cassandra Taylor, National Legal Counsel, Electrical Trades Union
9.50am to 10.35am How to Manage Performance in the World of Adverse Action and Discrimination Claims
- An analysis of the Full Court decision in Western Union Business Solutions (Australia) Pty Ltd v Robinson (2019) 272 FCR 547, [2019] FCAFC 181
- Practical tips about handling poor performance or concerns about an employee’s capacity whilst managing risks of adverse action and discrimination claims
Presented by Bronwyn Byrnes, Barrister, 6 St James Hall Chambers
Prepared by Bronwyn Byrnes and Vanja Bulut, Barrister, 12 Wentworth Selborne Chambers
10.35am to 10.50am Break
10.50am to 11.35am Identifying Discrimination in the Workplace: The Employer's Obligations and the Employee's Rights
- Types of conduct that constitutes workplace discrimination
- Analysis of the employer's duty to prevent discrimination in the workplace and best practices
- An overview of rights and remedies available to victims of workplace discrimination
Presented by Uche Okereke-Fisher, Barrister, State Chambers
11.35am to 12.20pm Minimising the Risks and Impact of Discrimination and Harassment Complaints: A Practical Guide
A practical guide to minimising the risk when an employee or customer might make a formal discrimination or harassment complaint with the Australian Human Rights Commission, Anti- Discrimination NSW or the Fair Work Commission, and how to mitigate the impact if a formal complaint is made.
Presented by Larissa Andelman, Barrister, 153 Phillip Chambers
Prepared by Ben Fogarty, Barrister, Denman Chambers
12.20pm to 1.05pm Complaints of Discrimination, Sexual Harassment or Vilification: A Spotlight on NSW as an Example to Other States
- The types of complaints that Anti-Discrimination NSW can accept under the Anti-Discrimination Act 1977
- The process of lodging a complaint
- Some case study examples
Co-presented by Lynette Byrnes, Manager, Enquiries and Conciliation and Katherine Nelson, Research Officer, Anti- Discrimination NSW
Presenters
Larissa Andelman
Larissa Andelman was called to the NSW Bar in 2012. Larissa practices in most aspects of workplace law (industrial, contractual, director’s duties, whistleblowing, defamation, privacy, corporate and discrimination). She is an experienced litigator, accredited mediator and conducts investigations. Larissa holds a Masters of Law from the University of New South Wales (major in commercial law) and a Masters of Commerce from the University of Wollongong (major in constitutional constraints on federal industrial relations regulation).
Prior to commencing at the NSW Bar, Larissa was a Senior Solicitor with the Office of the Fair Work Ombudsman from 2009 to 2012.
Alana Heffernan
Alana Heffernan is an employment and industrial lawyer working solely for employees. Her experience in employment and industrial law is broad, having worked extensively in private practice, for NGOs and trade unions. Alana has a particular interest in discrimination law and regularly contributes articles and public commentary on issues involving discrimination at work.
Lynette Byrnes
Lynette Byrnes has been manager of enquiries and conciliation at Anti Discrimination NSW (ADNSW) since February 2020. Prior to joining ADNSW Lynette worked in various complaint handling, investigation and management roles at the NDIS Commission and the Commonwealth and NSW Ombudsmen. Lynette has worked as a solicitor in community legal centres and the former Department of Community Services. She has also worked as a family law mediator, social worker and teacher.
Ben Fogarty
Ben Fogarty is a barrister at Denman Chambers, Sydney, with expertise and interest in discrimination law, guardianship and mental health law, criminal law and employment law. Prior to being called to the bar in 2011, Ben was the senior solicitor at the Homeless Persons' Legal Service. He has also been the Acting Director of Pro Bono at Gilbert+Tobin Lawyers, the principal solicitor at the Intellectual Disability Rights Service, outreach solicitor at the Darwin Community Legal Service and the principal solicitor of the NSW Disability Discrimination Legal Centre. He has also worked at Redfern Legal Centre and the Inner City Legal Centre.
Bronwyn Byrnes
Bronwyn Byrnes was admitted as a solicitor in New South Wales in 2003 and was called to the Bar in 2017. Between 2008 – 2017, Bronwyn was a Lawyer with the Australian Human Rights Commission in Sydney. Bronwyn trained as a Lawyer with Allens Arthur Robinson (now Allens Linklaters) in the Commercial Litigation and Corporate Departments in 2003 - 2004. She practised in the United Kingdom between 2004 - 2008, where she completed a Master of Laws from Cambridge University, worked as an employment law solicitor for Fisher Meredith Solicitors and as a research and policy advisor for the International Secretariat of Amnesty International. Bronwyn also lectures Employment & Industrial Law at the University of Technology, Sydney.
Vanja Bulut
Prior to coming to the bar in May 2016, Vanja worked as a Senior Associate at Seyfarth Shaw in its international employment law practice. Vanja also worked at the Fair Work Commission as Associate to Vice President Catanzariti and as a solicitor at Clayton Utz, working in its construction and major projects, public law, and workplace relations, employment and safety groups. In 2020, Vanja was recommended by Doyle’s Guide in its Leading Employment Law Junior Counsel, NSW and Australia lists.
Uche Okereke-Fisher
Prior to commencing practice at the NSW Bar, Uche was a practicing solicitor and member of the Law Society of New South Wales. She has worked as Senior Corporate Counsel, Head of Legal, Chief Contracts Negotiator, Legal and Compliance Manager for multiple ICT Multi- National Companies including Hewlett Packard, Avaya and Salesforce.com. She has extensive experience advising corporations on workplace relations as well as negotiating multi-million dollar ICT, Financial services agreements. She is an alumnus of the Harvard Law Program on Negotiation.
Katherine Nelson
Katherine has been a researcher at Anti-Discrimination NSW (ADNSW) since August 2019. Prior to joining ADNSW Katherine worked in research and legal roles at the Department of Home Affairs.