Employment Law Conference
Keep up to date on the latest legal developments in employment law. Gain essential insights from our panel of specialist barristers & solicitors. Explore redundancies, workplace investigations, underpayments, casual employment and the conundrum regarding contractors vs employees. In the afternoon explore sexual harassment and associated claims and risks plus modern slavery and mandatory vaccinations. Keep yourself updated on the major workplace developments that you need to know right now. 223V10
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Investigations, Employment Status and Payment Claims
Chair: Tessa Duthie, Barrister, Aickin Chambers
9.00am to 9.05am Opening Comments by the Chair
Professional Skills
9.05am to 9.50am How to Run a Workplace Investigation
- The secrets of a good interview
- Avoiding legal claims
- How to write an investigation plan
- Managing employee misconduct
Presented by Caroline Mense, Principal Lawyer, Legal Enablers
9.50am to 10.35am The Changed Rules About Casual Employment
- The best practice terms of engagement of casual staff to satisfy the Fair Work Act requirements
- Casual conversion rights and obligations
- Is offsetting the casual loading an issue if a casual claims to be a part or full time employee?
- Pros and cons of casual vs part time employment
- How the High Court's decision in Rossato impacts casual employment
Presented by Nick Ruskin, Partner, K&L Gates
10.35am to 10.50am Morning Tea
10.50am to 11.35am Who is an Employee and Who is an Independent Contractor
- The landmark High Court decisions explained: CFMMEU v Personnel Contracting Pty Ltd; ZG Operations Australia Pty Ltd v Jamsek
- Practical implications for existing relationships: what kind of information should be considered in determining whether or not a person working for another is an employee
- Practical implications for new engagements: in borderline cases, what matters may be most influential in determining whether or not a person engaged to perform work is an employee
Presented by Bryan Mueller, Barrister, Owen Dixon Chambers West
11.35am to 12.20pm Modern Slavery: Interaction of Workplace Law and Criminal Law
- Best employment practices
- The line between criminal conduct and workplace law
- Analysis of the Crimes Act
- Discussion of recent cases
Presented by Annabel Tresise, Barrister, Lonsdale Chambers
12.20pm to 1.05pm Redundancy Pay: The Genuine Costs of Doing Business
- Entitlement to redundancy pay
- Key exclusions from obligation to redundancy pay
- Impact of COVID-19 as part of a genuine redundancy
Presented by Chris McDermott, Barrister, Aickin Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Current Claims Risks in the Workplace
Chair: Gemma Cafarella, Barrister, Svenson Barristers
2.00pm to 3.00pm Accountability and Underpayments: The Age of Entitlement
- How to identify and rectify underpayments
- Mitigation strategies
- Enforcers
- Penalties and accessorial liability
Presented by Natalie Campbell, Barrister, Aickin Chambers
3.00pm to 4.00pm Sexual Harassment in the Workplace
- Choice of forum, covering the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) and state-based discrimination laws
- The interaction between specialist discrimination laws, the common law and workers compensation laws
- Recent trends in the awards of compensation
- The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 reforms
Presented by Siobhan Kelly, Barrister, Castan Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2021
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Mandatory Vaccinations in the Workplace
- Implementing, and enforcing, employer mandated COVID-19 vaccinations and boosters
- Understanding an employer’s legal obligations arising from public health orders
- Adapting policies and procedures to the risks of new variants
- How to deal with non-compliance by staff with a public health direction or an employer policy
- Practical considerations
Presented by Nick Ogilvie, Partner, and Jonathan Stamatelos, Senior Associate, Herbert Smith Freehills
Presenters
Tessa Duthie
Tessa practises in employment law, industrial relations and workplace health and safety.
Tessa represents clients in employment and industrial disputes, including claims arising from general protections, discrimination, sexual harassment, Modern Award/EBA contraventions, breach of restraint or confidentiality obligations and unfair dismissals. Tessa frequently advises and appears in matters in the Federal Circuit and Family Court of Australia, the Federal Court of Australia, the Fair Work Commission and various State Courts and Tribunals. Tessa also frequently represents clients in ADR processes. Prior to joining the Bar, Tessa was an Associate in Gadens’ Employment Advisory Team.
Caroline Mense
Caroline is an experienced commercial and employment lawyer. She has acted for and against family businesses, company directors, ASX listed companies, government and multinationals. She is the founder of Legal Enablers and enjoys giving back to the community.
Her presentations are always well researched and thought provoking, speckled with humour, stores and practical scenarios so her audience leaves the room feeling refreshed and well equipped.
Nick Ruskin
Nick Ruskin practises in labour relations and employment law. He represents corporations in a number of industries including energy, retail, services and healthcare, and public sector clients in the health, higher education, government and community sectors. He has extensive experience in labour disputes, employment claims, anti-discrimination issues, legislative compliance, advocacy before tribunals and providing forthright, practical advice to clients. He has been engaged from time to time as an external consultant to the International Labour Organisation (ILO) in Geneva, New York and Bangkok and has addressed an ILO forum at the United Nations on Australian labour standards. He is active in human resources circles.
Bryan Mueller
Bryan Mueller is a deeply experienced and well-rounded lawyer and advocate with particular expertise in the field of employment and workplace relations law, including in the provision of advice and the conduct of litigation in that area. His practice and experience extends also to administrative law matters of various kinds. He has extensive knowledge of the substantive law relating to employment and workplace relations matters, administrative law and the practical application of that law. This includes the law relating to enterprise bargaining and enterprise agreements, industrial disputes and dispute settlement, industrial action and picketing, employment entitlements and General Protections,
Natalie Campbell
Natalie Campbell is a member of the Victorian Bar practising in public, employment and commercial law. Natalie was the Associate to Justice Jessup of the Federal Court of Australia. Natalie was admitted in 2010 when she worked as a lawyer at Australian Government Solicitor and has held roles as senior in-house counsel at two Commonwealth government agencies. Natalie is undertaking a Masters of Law at the University of Melbourne, is a reporter for the Federal Law Reports, and is the co-creator of Compos Mentis, a podcast for lawyers about wellbeing.
Chris McDermott
Chris McDermott is a Barrister at the Victorian Bar, specialising in employment law, anti-discrimination law, administrative law, workplace investigations, Royal Commissions, public inquiries and coronial inquests, disciplinary proceedings, privacy and freedom of information. He regularly advises and appears for Commonwealth and State Government departments and statutory agencies. He has extensive experience in governance as a board director of various not-for-profit organisations, including in organisations specialising in public health, legal services and law reform, and social justice. He is currently the Deputy Chair of Mental Health Victoria Ltd, a director of Relationships Matters (Counselling and Mediation)
Annabel Tresise
Annabel Tresise is a barrister at the Victorian Bar, practising in general commercial and common law and employment law. Prior to coming to the bar, Annabel was the Senior Associate to the Honourable Associate Justice Efthim of the Supreme Court of Victoria. As his Honour’s Associate, Annabel gained significant experience on the Corporations List, the Associate Justice Practice Court and in judicial mediations. Prior to commencing at the Supreme Court, Annabel worked at boutique civil litigation firm, Charles Fice Solicitors. Annabel gained experience in a range of commercial and common law matters, including complex contractual disputes and insolvency. At times, Annabel appeared at the Federal Court in winding-up applications.
Siobhan Kelly
Siobhan Kelly practises in administrative and public law, employment and industrial law, discrimination law and large litigation matters. Her practice spans individual claims, class actions and royal commissions and inquiries. Siobhan's practice encompasses all aspects of industrial and employment law, including statutory contravention proceedings, executive contract disputes, unlawful dismissals, discrimination, and sexual harassment claims.
Siobhan's administrative law practice encompasses judicial review of all aspects of state and federal decision-making, including freedom of information, licensing and migration.
Nick Ogilvie
Nick works with clients on employment law matters from start to finish – from strategy formulation, analysis of risks and opportunities, advocacy and representation in courts and tribunals, right through to resolution. Nick works with clients on enterprise bargaining and agreement making; industrial disputes and employer responses to industrial action; dispute resolution and agreement interpretation; responding to employee claims; outsourcing, restructuring and transfer of employment; and due diligence in relation to mergers, acquisitions and major projects. Nick helps businesses in a broad range of sectors (including aviation, building & construction, banking, manufacturing, public transport, and infrastructure & logistics).
Gemma Cafarella
Gemma Cafarella is a barrister who specialises in employment matters relating to discrimination, sexual harassment and bullying. More generally, Gemma maintains a broad administrative law practice. She appears led and unled in matters in a range of courts and tribunals, including: judicial review and appeals; reviews of administrative decisions, including social security matters and NDIS matters; inquests; and matters involving the Victorian Charter of Human Rights. Gemma also regularly advises government clients and statutory agencies. Prior to joining the Bar, Gemma was a civil law public defender in Victoria Legal Aid’s in-house Chambers. Gemma is also the chair of the Government Regulation and Equality Committee at Liberty Victoria and a sessional teaching associate at Monash University.
Jonathan Stamatelos
Jonathan has experience in a wide range of employment and industrial relations matters, both contentious and non-contentious, with a particular focus on workplace strategy; enterprise bargaining; right of entry; industrial action; termination of employment; award and enterprise agreement compliance projects; Building and Construction Code; workplace policy; and general advisory matters. Jonathan has extensive experience representing clients in retail, building and construction, technology and manufacturing. Recently, Jonathan has: undertaken a secondment to a major building and construction company to assist with Building and Construction Code compliance and enterprise bargaining; completed a secondment to a global technology company; managed compliance projects and engagement with regulators; and advised on a restructure with respect to redundancies, redeployment and transfer of business.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court