Employment Law Intensive
Look no further than this forum to catch up on all the latest in the employment law space. There have been some profound shifts in the landscape and we dive into them all including the latest legislation and changes in industrial manslaughter, the relevant COVID-19 issues impacting the workplace for the foreseeable future, the hybrid working environment, sexual harassment, and the contractor vs employee conundrum. Ensure you have the most successful outcomes for your clients. 223W19
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Mark Cox, Director, MDC Legal
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Industrial Manslaughter: The New Reforms
- Analyse the new reforms in relation to health and safety law
- What companies, individuals and their lawyers should know about industrial manslaughter provisions in Western Australia
- The future for industrial manslaughter
Presented by Robert French, Barrister, Francis Burt Chambers
9.50am to 10.35am COVID-19 Employment Law Issues
COVID-19 continues to raise a myriad of challenging and new employment law issues.
- Vaccinations: Can/should this be mandatory in your business, and if so, when does that end?
- Employees unwilling to be vaccinated but want to take leave: Should you let them?
- Employees refuse to work with other employees, customers or other workers without vaccination: What can you do in response?
- Mask wearing: Can/should this be mandatory in your business?
- What are the creative and new strategies the ‘anti-vaxxers’are promoting in bringing legal claims?
Presented by Nicholas Ellery, Partner, Corrs Chambers Westgarth
10.35am to 10.50am Morning Tea
10.50am to 11.35am Managing Employees and Productivity in the New Hybrid Working Environment
- The new hybrid working environment: its benefits and shortcomings
- Managing new power dynamics that come with the hybrid working environment, to minimise adverse effects on team collaboration, workplace relationships and individual performance
- Managing increased industrial risks to both employees and the enterprise
- Protecting the workplace and maintaining productivity: best practice initiatives, including best practice policies, training and culture specifically tailored to the hybrid working environment
- The hybrid working environment within the current Australian legal landscape, and some recent takeaways
- The forecast for the Australian workplace
Presented by Natasha Leedman, Principal, Natasha Leedman, Specialist Workplace Lawyer & Consultant
11.35am to 12.20pm Contractor vs Employee
- Recent cases on ‘employee’ versus ‘contractor’
- Expanded statutory definition of "employee" in different legislation
- What is the test to decide who is an "employee" and what factors are taken into account?
- When is the test applied and what about what the parties agreed?
Presented by Erica Hartley, Partner, HWL Ebsworth Lawyers
12.20pm to 1.05pm Sexual Harassment, Bullying and Discrimination in the Workplace Claims
- Sexual harassment:
- Key cases and developments and the concepts of ‘workplace’, ‘conduct of a sexual nature’ and ‘workplace participants’
- Stop sexual harassment orders under the Fair Work Act 2009 (Cth)
- Discrimination: anti-discrimination legislation and s351 of the Fair Work Act 2009 (Cth)
- Concepts of ‘at work’, ‘worker’ and ‘reasonable management action’
- Social media
Presented by Nikita Barsby, Special Counsel, MDC Legal
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Mark Cox
Mark (BA LLB Hons, University of Melbourne) leads the specialist employment law team at MDC Legal. He has over 20 years practice, mainly in industrial, workplace and employment law. He previously worked at a commercial litigation firm, then as a senior associate of a national firm, and as Principal Solicitor of the Employment Law Centre. Mark is a well-regarded practitioner in workplace relations law, named as a “leading lawyer” in Doyle’s Guide 2014, 2015, 2016, and “market leader” in 2017, 2018, 2019, 2020 and 2021.
Nick Ellery
Nicholas Ellery is Partner-in-Charge at Corrs Chambers Westgarth in the Perth office. Nick has practised extensively in industrial relations, employment, health and safety, discrimination, and government relations. His practice focuses on the strategic management of significant organisational change, restructures and acquisitions of businesses, and resolution of disputes. He has been recognised by his peers as a "Best Lawyer - Labour and Employment" each year from 2011, in the Best Lawyers Peer Review as published in the Australian Financial Review. He is also a regular public speaker, and is the author of articles on various industrial relations topics.
Natasha Leedman
Natasha Leedman operates a private consulting business providing specialist advice and representation in workplace law for both corporate and individual clients. Specifically, Natasha provides front-end advisory work and conducts litigation on state and federal workplace relations law, equal opportunity and discrimination law, work health and safety, vocational regulation, privacy, and is also experienced in freedom of information matters. She has strong experience in working across some key sectors including transport, energy and resources, technology, government, financial and professional services, construction, property, manufacturing, health and education.
Erica Hartley
Erica Hartley is the lead Workplace Relations and Safety Partner for the Perth office. Erica has more than 20 years experience in occupational health and safety, law and employment law. Erica's practice advises employers on a broad range of safety and employment related issues. She advises both large and small corporate clients as well as local government and statutory authorities. Erica has advised across a broad range of industries including construction, mining, financial services, stevedoring, transport, energy, manufacturing and local government. Erica's practice focuses on advising on safety issues, dispute prevention and resolution, discrimination law and employment claims.
Nikita Barsby
Nikita (BA LLB, Murdoch University) is Special Counsel at MDC Legal. She has over a decade’s experience in workplace and employment law. She has been recognised as a recommended employment lawyer in Doyle’s Guide to the Legal Profession in 2018 and 2019. Nikita has worked with Corrs Chambers Westgarth and Lynn & Brown Lawyers, prior to joining MDC Legal. Nikita has advocacy and negotiation experience in the Federal Court of Australia, the Federal Circuit Court of Australia, the Magistrates, District and Supreme Courts of Western Australia, in the Fair Work Commission and in the Western Australian Industrial Relations Commission.
Nicholas Ellery
With over 25 years of experience, Nicholas is trusted by senior executives and boards of leading businesses to get to the heart of any workforce issue and to deliver a clear solution. He works with clients on all aspects labour relations strategy, litigation concerning; employment, policy and compliance, discrimination, industrial disputes, and health and safety issues. Nicholas works with leading industries in WA with large and complex workforces; maritime, oil and gas, construction and mining. At the forefront of legal employment issues Nicholas regularly provides training, workshops and news commentary. Nicholas is a member of the Board of Corrs Chambers Westgarth, and a national committee member at the Australian Labour Law Association
Robert French
Robert French is a dispute resolution lawyer with experience in Hong Kong, Victoria and Western Australia. His practice primarily comprises commercial, administrative and employment law. Robert joined the Bar in 2013 and has appeared in all courts since that time. He has appeared unled in appeals to the Full Court of the Federal Court of Australia and to the High Court (special leave only) in proceedings where he appeared on behalf of the Minister for Immigration & Border Protection. In the employment law context, he has appeared unled for employers and employees in Fair Work Australia, the Federal Court of Australia (including the Full Court of the Federal Court) and the Federal Magistrates Court in a range of employment related disputes.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.