Sexual Harassment in the Workplace Intensive
In this in-depth programme you will address how to develop and implement legally compliant and effective employee policies and procedures to prevent and respond to workplace sexual harassment. It is vital that legal counsel, legal advisors and employers manage and understand these issues to avoid liability. You will walk through recent cases, liabilities and responsibilities, disciplinary actions, and the interaction between workers’ compensation and sexual harassment compensation and damages. WEB228N54
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Tim McDonald, Principal, McCabes
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am The Evolution of the Case Law in Sexual Harassment Matters: Recent Cases and Developments
Consider the key recent cases and undertake a review of recent developments in sexual harassment law including:
- The broadening interpretation of what constitutes conduct of a sexual nature, particularly considering the case of Vitality Works Australia Pty Ltd v Yelda (No 2)
- The recent application of vicarious liability principles, focussing on Von Schoeler v Allen Taylor and Company Ltd Trading as Boral Timber (No 2)
- Several recent cases applying the damages principles arising from the watershed decision of Richardson v Oracle
- Other recent developments in the case law
Presented by Peta Willoughby, Barrister and Rachel Varshney, Barrister, Level 16 Inns of Court
9.50am to 10.35am Employer’s Liabilities and Responsibilities
- Reviewing and updating policies: what they should contain
- Case study: an example of employer liability
- Preventative measures and strategies
- The legal perspective
- The leadership/cultural perspective
Presented by Sonia Chandra, Special Counsel, Danny King Legal
10.35am to 10.50am Morning Tea
10.50am to 11.35pm Disciplinary Actions: The Termination Process
- Effective termination processes including procedural fairness requirements
- A review of recent case law
Presented by Linda MacKinlay, Partner, Bartier Perry
11.35pm to 12.15pm Interaction between Workers’ Compensation and Sexual Harassment Compensation and Damages
- Analyse the Victorian Government's response to the recommendations of the ministerial taskforce on Workplace Sexual Harrasment and the practical implications for your clients
- Choice of forum: covering the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) and state-based discrimination laws
- Choice of law: deciding between specialist discrimination laws, the common law and workers’ compensation laws
- Recent trends in awards of compensation
- The question of set off between awards of compensation, settlement amounts and workers’ compensation benefits
Presented by Siobhan Kelly, Barrister, Castan Chambers
Presenters
Tim McDonald
Tim practises in employment and industrial law, work health and safety, discrimination, bullying and harassment, management of injured workers and termination of employment. Over the last 20 years, Tim has advised and represented private and public sector employers from a broad range of industries, such as insurance, security, clubs, hospitality, retail, health, manufacturing, clerical, transport and logistics, real estate, building and construction, schools and higher education. These clients include some of Australia’s largest companies. Tim was awarded Employment and Industrial Lawyer of the Year by Lawyer Monthly for the past four years and is recommended as a leading work health and safety lawyer by Doyle’s Guide.
Peta Willoughby
Peta Willoughby was admitted to the legal profession in 2009 and called to the Bar in 2021. She practises primarily in the fields of employment, industrial relations, work health and safety, regulatory litigation and administrative law. Prior to being called to the Bar, she practised exclusively in these areas for 12 years, both in private practice and in-house at Crown Law. Throughout her career, she has specialised in the resolution of difficult workplace and industrial disputes, including litigation. Peta is an experienced advocate before the State and Federal courts, and in a range of specialist commissions and tribunals.
Rachel Varshney
Rachel's practice is broadly commercial, with a particular interest in personal injury, workcover and workplace law. As an accredited NMAS Mediator, Rachel believes that alternative dispute resolution should be promoted as a cornerstone to all suitable matters. Immediately prior to coming to the bar, Rachel practised as a generalist solicitor, with a focus on commercial law, with additional practice areas in personal injury, workplace law and family law. Alongside her advocacy work, she is also a director of a general medical practice, providing her with a unique insight into the practicalities and commercial considerations of the application of law to workplaces.
Sonia Chandra
Sonia Chandra is Partner at Danny King Legal and has a wealth of experience in employment law. Sonia has had a varied career in employment law, ranging from in-house at a union, private practice for both applicant and respondent firms and corporate in-house. Her areas of expertise include industrial relations, enterprise bargaining, negotiations, discrimination, unfair dismissals and general protections claims. Sonia has extensive experience in helping employers manage the complexities of responding to discrimination claims that end up in court, and helping clients take steps to avoid court entirely. As a member of Diverse Women in Law, and being the Senior Manager of the Strategy Portfolio, she is an active contributor to diversity and inclusion in the legal industry.
Linda MacKinlay
Linda MacKinlay has 14 years' experience as a workplace relations lawyer. This experience includes roles both in private practice and as an in-house counsel. Linda is a trusted adviser to corporate and government clients in all workplace matters including in the areas of industrial relations and human resource management, anti-discrimination, terminations and workplace litigation. Through her experience gained as an in-house counsel, Linda has a strong commercial mindset and understands the important key drivers, strategy and objectives that guide her client's business and works to leverage this knowledge to achieve the best results for her clients.
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.