Workplace Law Conference 2021
Receive critical updates on all the urgent issues in employment law such as employee vs contractor distinctions, redundancies & terminations, casual employment reforms, general protections, & vaccinations. In the afternoon gain practical strategies on how to handle sexual harassment, performance management and misconduct in the workplace. A panel of 10 employment law experts will shed light on all the important issues that are currently impacting your clients and your business. WEB219N14
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Workplace Law Reforms and Recent Developments
Chair: Adrian Barwick, Solicitor Director, WilliamsonBarwick; Accredited Specialist in Employment & industrial Law; Recommended Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Casual Employment Reform: Looking at the New Legislation and How This Aligns with the High Court Decision in WorkPac Pty Ltd v Rossato [2021] HCA 23
- The new legislative definition of a ‘casual employee’
- The effectiveness of set off provisions in employment contracts
- The new obligations for employers regarding casual employees
- The new regime in relation to conversion from casual to permanent employment
- How to manage employee requests for conversion from casual to permanent employment
- According to the High Court, what makes a casual employment relationship, casual
- Practical tips that a business should consider when engaging casual employees
Presented by Dean Tolkin, Consulting Principal, Keypoint Law
9.50am to 10.35am Workplace Engagement: Employee, Contractor or Something Else?
- What’s the difference between an employee and contractor and why does it matter?
- The impact on modern workplace relationships
- What happens if you get it wrong
- Practical tips for navigating these issues
Presented by Erin Lynch, Partner, Vincent Young Lawyers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Risk Management and Terminations: Redundancy and Fixed and Maximum Term
- What is a ‘redundancy’ and what are the exceptions to redundancy payments?
- Examination of the law around fixed term/maximum term contracts
- Minimising risks associated with fixed term/maximum term contracts
- Pre-termination processes best practice
Presented by Ben Motro, Partner, Piper Alderman
11.35am to 12.20pm Recent Developments in the Law on Mandatory Vaccinations in the Workplace
- Do employees have a right to refuse to be vaccinated?
- Are there grounds for unlawful discrimination?
Presented by Alexandra Grayson, Principal Lawyer, Maurice Blackburn
12.20pm to 1.05pm General Protections in a Changing World of Work
- Workplace rights and the FWC’s family and domestic violence leave review
- Navigating recent trends and case law
- Update on costs orders and section 570 of the Fair Work Act
- Strategies in mitigating and defending claims
- What to watch: future ‘hotspots’ for employers
Presented by Alina Kaye, Special Counsel, The Workplace Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Preventing, Managing and Responding to Workplace Misconduct
Chair: Paul Madden, Barrister, Frederick Jordan Chambers
2.00pm to 3.00pm Preventing and Responding to Sexual Harassment in the Workplace: A New Approach
- Recap on the Respect@Work recommendations
- Sexual harassment as a work health and safety issue
- Responding to complaints and reports
Presented by Amber Sharp, Partner, McCullough Robertson
3.00pm to 4.00pm Managing Misconduct and Investigations
- What constitutes misconduct?
- Conducting and managing investigations into misconduct
- Protecting the interests of employers and staff
- Navigating legal risks including obligations to report criminal conduct
Presented by Tom Brett, Senior Lawyer, Gilbert and Tobin
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Out of Hours Misconduct
- When is out of hours conduct, misconduct?
- Interaction with ‘free speech’
- Interaction with bullying, general protections and discrimination
- Policies that should be in place
Presented by Deirdre McEvoy, Special Counsel, McArdle Legal
Presenters
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 July 2015, Adrian was pleased to join WilliamsonLegal as Special Counsel. With effect from July 2016, Adrian became a director of the practice, which changed its name to WilliamsonBarwick. He has been peer reviewed in Doyle’s Guide as a Leading Employment Lawyer (Employee & Trade Union Representation) for 2021.
Deirdre McEvoy
Deirdre McEvoy is special counsel with McArdle Legal which is a boutique employment law firm. Deirdre was admitted as a barrister in Ireland in 2001 and as a solicitor in NSW in 2005. Deirdre has been an accredited specialist in employment law and industrial relations since 2010. She practices exclusively in employment law (and says she enjoys it!) across all aspects of the discipline. Her focus is on resolving legal problems in a practical and efficient
Tom Brett
Tom Brett is an Australian based lawyer acting for businesses in contentious and non-contentious employment law matters. More recently, Tom was named as a Doyles 2017 Rising Star practicing in the areas employment, industrial relations and workplace health & safety. Clients include employers in various industries including sports, professional services, banking and finance, construction and retail.
Amber Sharp
Amber Sharp has over 20 years’ experience as a workplace relations lawyer. She has particular expertise in discrimination, termination disputes, and bullying claims. Amber is praised by clients for her down to earth, straight talking and solutions-oriented approach. Amber is recognised in Doyles Guide and Best Lawyers as a leading employer representative employment and industrial relations practitioner.
Paul Madden
Paul was called to the Bar in 2016. Despite a focus on employment law, criminal law, and coroners inquests, Paul accepts briefs in a wide range of jurisdictions and areas of law.
Paul regularly appears in employment matters before the NSW Industrial Relations Commission and Fair Work Commission. Paul also frequently appears in the Coroners Court of NSW where he has appeared for various interested parties, such as police officers, corrective services officers, and the family of the deceased. Inquests he has appeared in have concerned police shootings and the use of lethal force, police pursuits, deaths in custody, and medical issues such as drug toxicity and mental illness.
Alina Kaye
Alina is an experienced employment and industrial law specialist, who has worked with clients across a range of industries including media, finance, education, telecommunications, retail and hospitality. Alina has previously worked in a boutique employment law practice and in the employment teams of large, national and international firms. Her clients praise her calm, considered and highly strategic approach to workplace issues. Alina is passionate about employment law and keeping on top of the constantly evolving legal and political space. She has also spent part of her career working as a Senior Writer for one of the world’s leading legal publishers Thomson Reuters.
Alexandra 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 Doyle’s 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 particularly skilled in litigation, strategic negotiations, interpreting industrial instruments and contracts. Areas of her practice include advice and representation on workplace bullying, sexual harassment, breach of contract and redundancy.
Ben Motro
Ben Motro is a Partner in the Piper Alderman Sydney office. Ben's primary area of expertise is in employment law and industrial relations. Ben provides advice to clients in all areas of employment law, industrial relations and workplace health and safety, and in a variety of industries, including the IT, retail, manufacturing, food & beverage, and pharmaceutical industries. Ben has had significant experience with advising on and preparing employment contracts, enterprise agreements, deeds of release and employer policies. He also assists clients in litigious matters, and has appeared before the Fair Work Commission in unfair dismissal and general protections matters.
Erin Lynch
Erin has over 10 years’ experience in employment and workplace relations. Erin advises employers on all matters relating to the workplace, including enterprise agreements, bullying, investigations into inappropriate conduct, industrial disputes and performance management.
Erin has experience across a range of industries and is able to assist employers in litigious and non-litigious matters. If a matter proceeds to litigation, Erin represents employers in State and Federal tribunals and Courts, including in post-employment restraint matters, general protections, discrimination and unfair dismissal claims. Erin works with clients in a proactive manner, including by delivering training and assisting with cultural and workplace change.
Dean Tolkin
Dean graduated with distinction from the University of Technology, Sydney in 2013 having completed a combined Bachelor of Business and Bachelor of Laws degree. During his university career, Dean completed specialist subjects in employment law, insolvency, family law and alternative dispute resolution. Dean works across all practice areas in the employment space and has gained vast experience on a number of complex matters including: drafting contracts, enterprise agreements and workplace policies; restraints of trade issues; union disputes; work health and safety; award interpretation; executive remuneration; performance management; restructuring; corporate governance; sensitive terminations; equal opportunity employment; unfair dismissals and general protections.