Workplace Symposium 2019
Issues covered include: casual employment, permanent employment, underpayment, accessorial liability, penalties, working from home, employee flexibility, privacy, surveillance of employees, enterprise bargaining, enterprise agreements, industrial disputation, industrial action, conflict resolution, bullying, ill and injured employees, unlawful termination, adverse action, discrimination claims, mental illness, mental health, death in the workplace, industrial manslaughter
Description
In this ever changing world workplace rules and regulations grow more complex every day. Your practice will benefit from this symposium and the timely insights from this panel of experts. The morning drills down into practical analysis of recent and relevant issues such as the changing employment landscape, privacy and wage theft. In the afternoon examine the hottest topics in the current climate, including conflict resolution, injuries, mental illness, and death in the workplace.
Attend and earn 7 CPD units in Legal Knowledge
This symposium was recorded in QLD on 13 March 2019
Session 1
Claims, Disputes and Navigating the Changing Employment Landscape
Chair: Charles Massy, Barrister, More Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: From Casual to Permanent – The Changing Landscape
- WorkPac v Skene
- Apostolides v Mantina Earthmovers & Constructions [2018] FCCA 279
- Fixed term vs permanent re: Khayam v Navitas English Pty Ltd (the ‘Navitas decision’)
- Implications for employers of recent decisions
- Transition of employees from ‘casual’ to permanent
Presented by Annie Smeaton, Partner, Cooper Grace Ward
9.50am to 10.35am: #wagetheft: Guilty Until Proven Innocent
- The underpayment regime: now and what’s planned
- Accessorial liability: Who flung that?
- Robin Hood or robbing hoods: litigation funders (and other third parties) in ER claims
- Setting penalties: the principles
Presented by Michael Coonan, Partner, Herbert Smith Freehills, Best Lawyers 2019, Labour and Employment Law, Occupational Health & Safety Law, Project Finance and Development Practice
10.35am to 11.20am: The New Flexibility for the Employee
- Working from home: navigating the changing landscape
- The increasing impact of technology on working arrangements
- The risks associated with alternative working arrangements and reduced personal interactions in the workplace
- How employment lawyers can prepare for workplaces of the future
Presented by Stephen Mackie, Barrister, Denning Chambers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Privacy in the Workplace
- When are out of hours activities the business of the employer?
- Can your opinions or what you do outside work affect your job?
- Emails, phones, tablets, devices: Does ownership mean control?
- Surveillance of employees: How far is too far?
Presented by Sean Reidy, Barrister, Chambers at 32
12.20pm to 1.05pm: Strategies and Developments in Enterprise Bargaining and Industrial Disputation
- Is an enterprise agreement necessary or even desirable anymore?
- Terminating enterprise agreements: The way of the future?
- Understand how to apply the better off overall test (BOOT)
- Developments in good faith bargaining
- New limits on industrial action
Presented by Ben Marshall, Partner, Holding Redlich
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Incidents, Injuries, Calamities – Be Prepared
Chair: Andrew Herbert, Barrister, Level 16 Inns of Court
2.00pm to 2.45pm: Conflict Resolution in the Workplace
- Bullying: investigations and prosecutions under health and safety laws
- Foreseeability of risk: behaviour of irrational employees and reasonably practicable measures
- Inappropriate relationships, the warning signs
- The dangers of social media
Presented by Shae McCartney, Partner, Clayton Utz, Best Lawyers 2019, Employee Benefits Law, Labour and Employment Law, and Occupational Health & Safety Law
2.45pm to 3.30pm: Managing Ill and Injured Employees
- Essential updates of employers’ legal obligations and compliance risks
- Defending unlawful termination, adverse action and discrimination claims
- Preparing documents for independent medical assessment
- Implementing successful return to work and rehabilitation processes
Presented by Robert King, Head of Workplace, Employment and Safety, Mckays Solicitors
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Managing Mental Illness in the Workplace
- The prevalence of mental illness in the workplace
- The role of mental health first aid
- How to have an RUOK conversation
- Workplace health and safety obligations
- The duty to make reasonable adjustments under discrimination laws
- Performance management of employees with mental illness
Presented by Belinda Winter, Partner, Cooper Grace Ward Lawyers, Best Lawyers 2019, Labour and Employment Law and Occupational Health & Safety Law
4.30pm to 5.15pm: Death in the Workplace: Are you ready to respond?
- 4 steps of management: triage, control, learnings and court
- He who hesitates… setting up legal professional privilege early
- Tricky requests for information and documents from the Regulator or Coroner
- Strategies for identifying and dealing with potential conflicts of interest
- Industrial manslaughter laws: More bark than bite?
Presented by Steve Gifford, Workplace Relations Practice Group Leader, Rankin Business Lawyers