Workplace Discrimination and Adverse Action Claims
Discrimination and adverse action claims are on the rise. Take a practical look at effectively implementing discrimination prevention measures. Analyse disability discrimination. Take a deep dive into the most recent cases & the lessons learnt. Navigate the adverse action field by unpacking all the recent decisions impacting the landscape right now, including hot topics such as reverse onus of proof, the nature of a person’s ‘complaint in relation to their employment’ & general protection claims. WEB223N56
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Kellie Edwards, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2022.
Professional Skills
9.00am to 10.00am A Guide to Discrimination Prevention Measures in the Workplace
- A checklist of the key preventative measures required
- Drafting comprehensive and monitoring their effectiveness
- How do employers effectively implement these policies and measures?
Presented by Kylie Nomchong SC, Barrister, Denman Chambers; Leading Employment Law Senior Counsel, Doyle’s Guide 2021
10.00am to 11.00am Disability Discrimination in the Workplace and Workplace Adjustments
- Overview of workplace discrimination claims and exemptions under the Disability Discrimination Act 1992 (Cth) and the Fair Work Act 2009 (Cth)
- Lessons from leading cases:
- Watts v Australian Postal Corporation [2014] FCA 370
- State of New South Wales (Department of Justice – Corrective Services) v Huntley [2017] FCA 581
- Sklavos v Australasian College of Dermatologists [2017] FCAFC 128
- Ryan v Commissioner of Police, NSW Police Force [2019] FCA 1607 – currently on appeal to the Full Court
- Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181
- Crossing v Anglicare NSW South, NSW West & ACT [2021] FCA 1112
- Conclusions on best practice in the workplace
Presented by Bronwyn Byrnes, Barrister, Level 6 St James Hall; Recommended Employment Law Junior Counsel, Doyle’s Guide 2021
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Hot Topics in the Adverse Action Regime
- Just what is a ‘complaint in relation to her or his employment’
- The reverse onus of proof provisions in s361 Fair Work Act
Presented by Larissa Andelman, Barrister, 153 Phillip Barristers
12.15pm to 1.15pm Adverse Action and General Protection: Review and Update of Recent Case Authorities
- Review of recent first-instance and appeal decisions
- A summary of those cases that practitioners should (and will) know
Presented by Tim Donaghey, Barrister, Aickin Chambers
Presenters
Larissa Andelman
Larissa Andelman was called to the NSW Bar in 2012. Larissa practices in most aspects of workplace law (industrial, contractual, and discrimination) and defamation law. She is an experienced litigator, a mediator and conducts investigations. Larissa holds a Masters of Law UNSW and a Masters of Commerce UOW (majoring in industrial relations regulation). Prior to commencing at the NSW Bar, Larissa was a Senior Solicitor with the Office of the Fair Work Ombudsman, was called to the Victorian Bar and a solicitor with Community and Public Sector Union.
Bronwyn Byrnes
Bronwyn Byrnes was admitted as a solicitor in New South Wales in 2003 and was called to the Bar in 2017. She practices in employment law and discrimination law. Between 2008 – 2017, Bronwyn was a Lawyer with the Australian Human Rights Commission in Sydney. Bronwyn trained as a Lawyer with Allens Arthur Robinson (now Allens Linklaters) in the Commercial Litigation and Corporate Departments. She also practised in the United Kingdom, where she completed a Master of Laws from Cambridge University, worked as an employment law solicitor for Fisher Meredith Solicitors and as a research and policy advisor for the International Secretariat of Amnesty International.
Tim Donaghey
Tim is a leading industrial relations and employment law barrister with extensive experience advising on matters such as employment and contractor agreements, awards, general protections, industrial action, injunctive relief and commercial proceedings related to workplace law. He has a national practice and is a member of both the Victorian and New South Wales Bars. Tim holds a Bachelor of Laws from the University of Melbourne. Before being called to the bar in 2002, Tim practised as a solicitor in employment law and industrial relations. He also provided legal counsel for the Australian Hotel Association in Canberra.
Kylie Nomchong SC
Kylie Nomchong SC graduated with a Bachelor of Laws and a Bachelor of Economics with honours from the University of Sydney. Kylie worked as a tutor and part-time lecturer in the Department of Industrial Relations at that University before commencing employment as a solicitor. In 1991 Kylie was appointed as in-house solicitor for Actors' Equity of Australia, later the Media Entertainment and Arts Alliance. During that time, she established her practice in industrial law and employment law. Kylie was elected as President of NSW Young Lawyers in 1994 and then later, she was elected to the Council of the Law Society of NSW. Kylie has also held positions on the Board of the Public Interest Advocacy Centre, the College of Law, the Equal Opportunity Committee of the Law Council of Australia and the NSW Community Justices Centre.
Kellie Edwards
Kellie Edwards was called to the Bar in 2005, and is at Denman Chambers and is an accredited mediator and arbitrator. A large proportion of Kellie's practice is in the various employment and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. She is a qualified arbitrator and mediator and has advised and appeared in coronial inquiries. Prior to becoming a barrister, Kellie dabbled with the idea of becoming an architect and gained an Honours degree in Communications, however, she commenced Law and found her calling. As a solicitor, Kellie was an Associate at Dibbs Barker Gosling specialising in employment and discrimination law. From 1997 until 2003, Kellie was a member of the NSW Administrative Decisions Tribunal, sitting in the Equal Opportunity Division. Kellie applies her keen logic to every argument, and works towards the best resolution of legal issues for solicitors and their clients. Working closely with her clients, Kellie identifies their goals and desired outcomes. In this way, she is able to clearly communicate to them the extent to which the law can help. Some of her recent cases may be viewed on her website: https://www.denmanchambers.com.au/barristers/#/kellie-edwards/. Kellie is regularly asked to present papers and seminars copies of which may also be viewed on he website. Currently, she is writing a paper on My Health Records. Outside of chambers, she enjoys spending time with family and friends, running, yoga, painting and music.,