The Critical Employment Law Issues in 2021
213V09: Gain essential knowledge from our panel of experts starting with this comprehensive seminar as they delve into today’s most topical issues including exit strategies for employees, wage theft, restraints of trade and pay and leave entitlements. In the afternoon you will focus on sex discrimination, freedom of speech and the challenges faced when working from home.
Description
Attend and earn 7 CPD Units including:
6.5 units in Substantive Law
0.5 units Professional Skills
This program is applicable to practitioners from all States & Territories
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Wage Disputes, Leave Entitlements & Restraints of Trade
Chair: Jack Tracey, Barrister, Dever’s List; Recommended Employment Law Junior Counsel, Doyle’s Guide, 2020
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.35am Keynote Address: Insights from the Fair Work Commission
Presented by Commissioner Nicholas Wilson, Fair Work Commission
9.35am to 10.25am Wage Theft Claims: An In-depth Analysis
- In-depth analysis of the operational statutes and schemes in March 2021 (currently Victoria and Queensland)
- Overview of the status of laws in the different States and Territories of Australia
- Insights about how the introduction of wage theft legislation in Victoria has changed underpayment negotiations/cases
- Tips, traps and recommendations for your practice
Presented by Nadia Stojanova, Barrister, Victorian Bar
10.25am to 11.15am Restraints of Trade Actions
- 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 George Haros, Principal Lawyer, DWF Australia; Best Lawyers 2020/21, Labour and Employment Law
11.15am to 11.30am Morning Tea
11.30am to 12.20pm Casualisation: Pay and Leave Entitlements
- How to avoid double counting: an analysis of Rossato v Workpac
- New legislation on casual employment reforms
- Leave accrued entitlements
- Navigating the changes to the award system
Presented by Malcolm Harding SC, List G Barristers; Recommended Employment Law Senior Counsel, Doyle’s Guide, 2020
12.20pm to 1.10pm Pausing Employment
- Implementation of stand down directions under section 524 of the Fair Work Act 2009 (Cth)
- The laws around leave entitlements including:
- Annual leave
- Long service leave
- Personal leave in the COVID-19 context
- Directing an employee while they are stood down
Presented by Joseph Kelly, Partner, Kelly Workplace Lawyers; Accredited Specialist in Workplace Relations
1.10pm to 1.15pm Closing Comments from the Chair
Session 2
Key Developments in Workplace Practices and Procedures
Chair: Michael Butler, Principal Lawyer, HR and WorkLaw
Professional Skills
2.00pm to 2.45pm Workplace Investigations: The Foolproof Method
Learn how to minimise legal and reputational risk in the conduct of workplace investigations. Walk away with top tools and highlighted key mistakes encountered from an experienced Workplace lawyer in the course of investigations of real-life scenarios of employee misconduct. In this practical session, you will look at:
- Determining the scope of the investigation
- Avoiding alleged bias
- Taking witness statements
- Making findings
Presented by Elizabeth Aitken, Partner and National Head of Workplace Relations, SLF Lawyers
2.45pm to 3.30pm The Employment Lawyer’s Guide to the Duties of Directors and Officers in Relation to Sex Discrimination and Sexual Harassment
- Examine sex discrimination and sexual harassment as corporate governance issues
- Confidentiality vs disclosure obligations
- How to proactively deal with issues of sex discrimination and sexual harassment and respond in a victim-centred manner
Presented by Michael McIver, Senior Associate, Maurice Blackburn
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Does Freedom of Speech Exist in the Workplace?
- Case study: James Cook University v Ridd and the implications for employers
- Employers to remain mindful of their employees’ right to freedom of speech
- Controlling the behaviour of staff outside of working hours
- How can workplace policies overcome an employees’ freedom of speech?
Presented by Philip Brewin, Director, Nevett Ford Lawyers
4.30pm to 5.15pm Key Issues for Employment Lawyers in Working from Home: Great Opportunities, Unexpected Challenges
- The COVID game-changer
- Remote work: here to stay
- AI and other technologies in the WFH context
- A case for WFH 'rights'
- 7 WFH success factors that should be on your radar
- Relevant case studies
Presented by Frances Anderson, Assistant Victorian Government Solicitor, Michael Carrick, Principal Solicitor and Jane Delahey, Solicitor, Victorian Government Solicitor's Office
Presenters
Jack Tracey
Jack holds degrees in Arts (Classics) and Law from the University of Melbourne. Before coming to the Bar, he served articles at a small law firm specialising in industrial and employment Law. He also served as an associate to the Honourable Justice Callaway of the Court of Appeal of the Supreme Court of Victoria. Jack’s practice as a barrister focuses upon industrial and employment law matters. He also practises in the other areas specified above, with a particular focus on administrative law matters. Jack appears in all jurisdictions in which such matters are litigated, both on his own and with senior counsel.
Nadia Stojanova
Nadia Stojanova's practice at the Victorian Bar specialises in employment law, industrial relations, regulatory and administrative law. Nadia runs a busy practice where she is regularly briefed for litigation, advice, drafting and complex workplace matters (such as high-risk investigations and media-sensitive disputes) in key jurisdictions for employment matters. Nadia has a special interest in regulatory schemes specific to employment law around Australia, such as the wage theft and labour hire licensing schemes. In 2020 Nadia ran a wide range of employment matters involving a broad suite of industrial issues such as breaches of employment contracts/modern awards/enterprise agreements/statutes and industrial negotiations.
George Haros
George practices in commercial, employment, industrial relations, and property law particularly with respect to disputes arising in those areas. George is highly acclaimed for his advice to major corporates, senior executives and elite sportspersons in high profile employment and litigation matters, and is often called upon where the protection of reputation is a key focus. George offers industry-specific knowledge in a number of areas, including sport, construction, technology, professional services, transport, manufacturing, security and hospitality. George’s management background combined with his practical experience as a lawyer enables him to offer valuable and strategic insights to his clients.
Malcolm Harding SC
Malcolm Harding S.C mainly practises in employment and industrial law. He has practised as a barrister since 2003 and was appointed Senior Counsel in 2019. Malcolm practises mainly in industrial and employment law, and the related areas of administrative law, anti-discrimination law, and statutory disciplinary tribunals. Malcolm regularly appears in the Federal and Victorian courts in trials and appeals, as well as the Fair Work Commission. Malcolm is the Senior Vice President of the Industrial Bar Association and a member of the Victorian Bar’s equity and diversity committee and has been a member of the Victorian Bar’s Human Rights Committee.
Joseph Kelly
Joseph Kelly has extensive experience in commercial litigation and workplace law, having advised employers and employees on all issues relating to industrial relations and employment law. Joseph has advised industry bodies, unions, employers and government and continues to run training and information seminars for legal practitioners. Joseph is accredited as a specialist in Workplace Relations by the Law Institute of Victoria.
Michael Butler
Michael is the principal of HR+WorkLaw, a boutique HR and workplace law practice he started in 2003. Michael started his legal career at Freehills, was a Partner at Lander & Rogers setting up its workplace relations department and was a Partner at Harmers Workplace Lawyers, where he established its Melbourne office. Michael is the immediate past Chair of the LIV's Workplace Relations Section and sits on the Executive Committee and General Committee. He is also a past President of the Industrial Relations Society of Australia and a past President and life member of the Industrial Relations Society of Victoria.
Elizabeth Aitken
Liz is experienced in commercial, employment, IR and workplace safety law. She handles the full range of employment-related claims, including unfair dismissal, adverse action, discrimination, workplace bullying, sexual harassment and underpayment, and advises on all workforce management issues including management of sick, injured and underperforming workers, workplace investigations, the application of industrial instruments such as modern awards and enterprise agreements, transfers of business, restraints of trade, work health and safety, workers compensation and sham contracting. She routinely prepares contracts to regulate employment, independent contracting and other labour arrangements.
Philip Brewin
Philip Brewin is a Director and part of the leadership team for the firm. Philip leads the Litigation and Workplace Relations Law Practice Group for the firm and is an Accredited Specialist in Workplace Relations. Philip provides commercial litigation, employment and workplace relations legal advice to corporate clients with a focus on assessment and risk management. Philip has acted for The Salvation Army Southern Territory in respect of abuse claims brought by survivors since 1994 and has dealt with over 450 complaints of abuse in respect of residential homes previously run by The Salvation Army Southern Territory, including Box Hill Boys Home and Bayswater Boys Home.
Frances Anderson
Frances Anderson leads a team of lawyers delivering workplace relations and occupational health and safety advice to government and the Victorian public sector. She is an experienced workplace relations lawyer with 30 years of workplace relations experience, initially in South Africa where she was a director of a major law firm and head of the Cape Town workplace relations practice, and in Australia where she relocated in 2001 to continue her legal career. Frances' experience in Australia includes working both in law firms and in-house and across multiple business sectors.
Michael McIver
Michael has practised in the area of labour law since his admission in 2008. Michael completed his articles at Clayton Utz and started his career acting for employers. However, Michael has predominantly acted for employees, unions and their members since 2013. Prior to working at Maurice Blackburn, Michael worked as an in-house lawyer for the Australian Education Union (Victorian Branch) (2015 to 2020) and Holding Redlich (2011 to 2015). His practise is largely litigious and he has conducted litigation in a variety of State and federal courts and tribunals.
Commissioner Nicholas Wilson
Commissioner Wilson was appointed a Member of the Fair Work Commission on 29 April 2013 and the Tasmanian Industrial Commission on 1 June 2015. Prior to his appointment, the Commissioner was the Fair Work Ombudsman from 2009–2013 and Workplace Ombudsman from 2007–2009. Previous roles held by the Commissioner include the Director of the Office of Workplace Services and the Industrial Registrar and Chief Executive Officer of the Australian Industrial Registry. He holds a Bachelor of Business from the South Australian Institute of Technology and a Master of Business Administration from the University of Adelaide.
Michael Carrick
Michael works in the Workplace Relations and Occupational Safety branch at VGSO advising on public sector employment and industrial relations matters. He has extensive experience, having acted for universities, major telecommunications companies, research organisations and co-operative research centres, as well as clients in the manufacturing, rail and marketing sectors in a broad range of employment and intellectual property matters. He has also been seconded into several government organisations. In addition Mick is a senior fellow of the University of Melbourne Law School where he has developed and presents artificial intelligence and information technology law subjects (including the employment implications of both) at Masters level.
Jane Delahey
Jane provides practical advice and solutions in relation to all aspects of Victorian public sector employment, including industrial relations, occupational health and safety, equal opportunity and anti-discrimination. Jane frequently advises clients on workplace investigations, the development of workplace policies and the interpretation of enterprise agreements, and has experience in litigation in the Fair Work Commission, Federal Court, Federal Circuit Court and the Victorian Civil and Administrative Tribunal. Prior to joining the VGSO, Jane worked as a policy advisor in legislation and policy teams in State Government and in project and advisory roles at a statutory authority.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court