Employment Law Workshop: The Basics for All Lawyers
What happens when a client asks you an employment law question and it’s not your area of specialty? This all new program will be your key to all those employment law issues that pop up and add to your workload. Exclusively designed for lawyers not specialising in the workplace space, take the time to attend this important webinar that addresses key employment law issues such as post-employment restraints, redundancies, disciplinary matters, conducting effective investigations, & discrimination. WEB222N05
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
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
HIRING AND FIRING FUNDAMENTALS
9.05am to 9.50am Post-Employment Restraints
- What are they and why use them (i.e. what are protectible business interests and how can contractual restraint terms protect those interests)
- Drafting effective restraint terms in commercial and employment contracts
- Proceedings for enforcement
- Restraints in jurisdictions outside NSW and internationally
Presented by Dominic Russell, Special Counsel, Coleman Greig
9.50am to 10.35am The Meaning of Redundancy and How to Make a Role Redundant
- What constitutes a genuine redundancy
- An employer’s obligation to consult
- Exceptions to the obligation to pay redundancy
- Calculating redundancy and termination entitlements
- The legal risks arising from a disingenuous or procedurally flawed redundancy
Presented by Dean Tolkin, Consulting Principal, Keypoint Law
10.35am to 10.50am Morning Tea
UNDERSTANDING THE ESSENTIALS OF WORKPLACE DISPUTES
10.50am to 11.35am Managing Grievances and Conducting Effective Investigations
- Receiving a complaint
- Investigation principles
- Investigations best practice
- When to outsource
- Where to go for support or advice
- What happens if it goes wrong?
Presented by Alina Kaye, Partner, The Workplace Employment Lawyers
11.35am to 12.20pm Performance Matters and Disciplinary Actions
- Managing work performance, targets and hours
- Performance management: best practice
- Navigating the obstacles during counselling
Presented by Nick Chadwick, Principal, Chadwick Workplace Law
12.20pm to 1.05pm Bullying, Discrimination and Harassment
- What is bullying in the workplace?
- What workplaces will be exposed to liability for bullying?
- What do the decisions of the Fair Work Commission tell us about Stop Bullying Orders?
- What laws apply to discrimination and sexual harassment?
- What is the process for handling a complaint of discrimination and sexual harassment?
- When will an employer be liable for discrimination and sexual harassment perpetrated by one of its employees?
- What damages might be awarded or negotiated in a discrimination and sexual harassment claim?
Presented by Alex Grayson, Principal Lawyer, Maurice Blackburn Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
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. Adrian is now the Solicitor Director of WilliamsonBarwick.
Dominic Russell
Dominic Russell is a Special Counsel within Coleman Greig’s Employment Law Team. Dominic specialises in complex disputes and investigations, employee fraud, enforcement of contractual restraints of trade, and misappropriation and misuse of confidential information claims. Working within the Employment Law Team, Dominic acts for companies, boards and high net worth individuals across a range of industries – including financial services, insurance, engineering, food distribution, mining, manufacturing, construction and professional services. In addition to his fraud investigations and trade secrets practice areas, Dominic has been involved in a range of complex general employment litigation matters.
Dean Tolkin
Dean is a Consulting Principal at Keypoint Law, who specialises in workplace law, industrial relations and safety. He joined Keypoint Law in 2015 and has worked closely with other Consulting Principals to build a leading and highly distinguished workplace law practice. Dean works across all practice areas in the employment and industrial relations space and has gained extensive experience on a number of complex matters including: drafting executive service contracts; enterprise agreements and workplace policies; advising and litigating restraint of trade issues and union disputes. In March 2021, Dean was included in the Doyle's Guide as one of the Employment & WHS Rising Stars in Australia.
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.
Nick Chadwick
Nick Chadwick has practised in employment law and industrial relations since 1989. Nick's entrée into the world of industrial relations was at a time when disputation and strikes were frequent. He spent most of his time at the NSW Industrial Relations Commission or the Australian Industrial Relations Commission or in meetings with Unions. However, the landscape has changed. Nick has run a small employment law practice for the last 12 years, predominantly representing small to medium sized business in all facets of industrial relations and employment law. Nick’s practice covers all matters in connection with industrial and employment law.
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 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 a passionate and committed lawyer with a keen interest in social justice and industrial relations.