Workplace Law Symposium
The last year as been tumultuous in employment law. The workspace is changing and the scene is set for greater regulation and disputation. Gain essential knowledge of the most topical workplace issues today: contractor vs employee status, underpayments, and restraints of trade. Explore the future of the vaccination debate, the problem of sexual harassment and misconduct, & analyse workplace bullying using current case studies and examples. 223N08
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Contractual Arrangements & Workplace Hot Spots in 2022
Chair: Jamie Darams, Barrister, Greenway Chambers; Pre-eminent Employment Law Junior Counsel, Doyle’s Guide, 202
9.00am to 9.05am Opening Comments by the Chair
EFFECTIVE EMPLOYMENT CONTRACTUAL ARRANGEMENTS
9.05am to 9.50am Protecting Legitimate Business Interests
- Types of business interests warranting protection
- Ways to best protect legitimate business interests (including through post-employment restraints), including in a remote working environment
- Drafting effective contractual provisions to protect legitimate business interests including effective post-employment restraints, confidential information and intellectual property provisions
- Practical and legal steps to enforcing obligations
Presented by Stephen Hardy, Partner, K&L Gates
9.50am to 10.35am Breaking News: If it Walks like a Duck….is it a Contractor Duck or an Employee Duck?
- The current status of the employee vs contractor debate
- Levels of legal risk with contractor arrangements
- February 2022’s High Court decisions in CFMMEU v Personnel Contracting and ZG Operations v Jamsek
- What do the latest High Court decisions mean for employers now?
Presented by Drew Pearson, Partner, Herbert Smith Freehills
10.35am to 10.50am Morning Tea
10.50am to 11.35am Drafting Correct Agreements when Employing Casual Workers
- Impact of Workpac v Rossato and the new approach of High Court
- Impact of legislative change
- Whether we have returned to the way it was before or do we now have a new landscape?
- Pros and cons of casual and part time employment
Presented by Chris McArdle, Principal, McArdle Legal
HOT WORKPLACE LAW ISSUES IN 2022
11.35am to 12.20pm Underpayment: Imposing Penalties for Contravention of the Fair Work Act
- Application of course of conduct and totality principle
- Quantification of penalties: matters to be taken into account
Presented by Jamie Darams, Barrister, Greenway Chambers; Pre-eminent Employment Law Junior Counsel, Doyle’s Guide 2021
12.20pm to 1.05pm Mandatory Workplace COVID-19 Vaccination: Implementation Strategies, Risks and Issues
- The current state of the law on mandatory workplace vaccination
- Best practice implementation
- Problems and solutions
- What the future looks like for mandatory COVID-19 vaccination
Presented by Michael Byrnes, Partner, Swaab
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Workplace Misconduct & General Protection Claims
Chair: John Fernon SC, PG Hely Chambers; Recommended Employment Law Senior Counsel, Doyle’s Guide 2021
2.00pm to 2.45pm Out of Hours, but Still Out of a Job: The Employment Consequences of Misconduct ‘Outside’ Employment
- How does working from home (and other modes of flexible employment) affect what is, and what is not, ‘out of hours’ conduct?
- In what circumstances will misconduct ‘outside’ employment justify dismissal?
- Employee social media use: How much control can an employer exercise?
Presented by Angus Macinnis, Director, StevensVuaran Lawyers
2.45pm to 3.30pm The Law and Lore of Workplace Bullying
- Analyse Hatcher VP in Application by Mac [2015] FWC 774
- Examine the inconsistencies regarding the construction of the legislation and the consequent implications regarding the Commission’s approach to anti-bullying applications
Presented by Tom Brennan SC, 13 Wentworth Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Sexual Harassment in the Workplace: Practical Evidence Based Solutions to Difficult Issues
The current state of the law after the enactment of the Sex Discrimination and Fair Work (Respect at Work) Act 2021: where we are placed six months on
- How improved management practices can reduce workplace sexual harassment: a research based approach
- Being prepared and proactive: Understanding approaches to developing policies and procedures to minimise sexual harassment in the workplace and reduce the negative impacts
- How well developed policies can protect organisations after claims are made: current case study examples
Presented by Jennifer Parkes, Partner, Hicksons Lawyers
4.30pm to 5.15pm General Protection Claims
- When does an employee have an ability to make a complaint or inquiry under s 341(1)(c) of the Fair Work Act 2009?
- Discharging the onus under s 361 of the Fair Work Act when multiple persons are involved in decisions
- Claims in the nature of general protections claims under the Corporations Act 2001
Presented by Erin Lynch, Partner, Vincent Young
Presenters
Jamie Darams
Jamie Darams is a barrister specialising in employment law and industrial relations, with particular expertise in restraints of trade. He also acts for clients in commercial law and equity and corporations law matters. This includes representing liquidators and administrators in applications under the Corporations Act, advising on contractual and commercial disputes such as shareholder disputes, and representing clients in Consumer Law and general equitable claims. Jamie is briefed to appear in matters throughout Australia and appears led and unled in a range of courts and tribunals, both at first instance and on appeal.
Jennifer Parkes
Jennifer is a litigation lawyer, with over 10 years’ experience, who specialises in workers compensation, education and discrimination matters. She has an extensive experience in preventing and resolving legal issues with a core focus on discrimination in the tertiary education sector. Discrimination complaints are delicate matters which can lead to protracted and often complicated cases and Jennifer’s experience and thorough approach allows her to address matters in the most effective way and provide practical settlement advice to her clients.In most cases, Jennifer is able to negotiate an alternative resolution to the dispute, avoiding the need for litigation and preserving her clients’ reputation while minimising their risk exposure.
Tom Brennan
Tom Brennan is a Sydney based Senior Counsel who conducts a broad commercial and regulatory practice, with particular expertise in equity, administrative law, competition and consumer law, insurance law, employment law and private international law. The matters in which Tom regularly appears and advises include civil aviation (regulatory, commercial,
insurance and civil liability), competition and consumer law, the law governing intelligence and security agencies and operations, public access to government information employment disputes and anti-suit injunctions. Many of the disputes in which he appears contain a cross-jurisdictional element.
Angus Macinnis
Angus Macinnis has a broad commercial practice with a focus on dispute resolution, and in particular, on employment and work health and safety law, and intellectual property law. He advises employers and employees on all aspects of employment law, from drafting contracts and employment policies, to advising on employment related disputes, to dealing with employment and safety regulators. He has a particular interest in the employment law aspects of social media use and has published in this area in publications including the Law Society Journal, The New Lawyer, and the Internet Law Bulletin.
John Fernon
John is an experienced counsel who has advised and appeared across many areas of the law and is a leading expert in Employment and Industrial law. Since 2012, he has been recognised each year in the annual Doyles Guide as "Pre-eminent", "Leading" or "Recommended" Senior Counsel in both Employment Law and Work, Health & Safety in NSW and/or Australia along with ongoing recognition by his peers in the AFR Best Lawyers guide.
John has more than 30 years’ experience at the Bar and 17 years as Senior Counsel.
Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review.
Chris McArdle
Chris McArdle is one of approximately forty lawyers in New South Wales accredited by the Law Society of New South Wales as a specialist in Employment and Industrial Law. Chris has been in legal practice since 1988 and prior to that, served as a Commissioner of the Industrial Relations Commission of New South Wales. Chris acts for corporate and individual clients with a philosophy of preventing problems and increasing corporate efficiency. Chris has achieved a number of breakthroughs in the anti-, discrimination, employment contracts and Registration of Agreements Jurisdictions. Chris is a regular presenter of seminar papers and has published several articles in both mainstream press and specialist journals.
Drew Pearson
Drew Pearson is a Partner in Herbert Smith Freehills’ Employment, Industrial Relations & Safety group based in Sydney. Drew works with commercial, government and not for profit clients across a range of industries, sectors and geographies. He has a wealth of experience advising employers in all areas of Australian industrial relations and employment law, something which he is able to utilise for workforce planning roles across the region. Drew has been recognised in a variety of directories including Best Lawyers (Labour & Employment Law), the Legal 500 – (Australia Labour and Employment) and Doyle’s Guide (NSW Recommended Employment and Workplace Relations Lawyer).
Stephen Hardy
Stephen Hardy is a partner in the labour, employment and workplace safety practice. Stephen is an established practitioner who represents Australian and international clients on a variety of employment matters. These include human resources, industrial relations, executive, business protection and complex compliance related matters, the employment aspects of mergers and acquisitions, workplace restructuring and business transformation. This work is undertaken for clients across a wide range of industries including banking and financial services, insurance, retail, transport, waste management, manufacturing, information technology, leisure, media and entertainment, property, and professional services.
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.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km