Adverse Action Claims and Workplace Discrimination
The workplace is under heavy scrutiny now more than ever. Be informed on recent case law and legislative reform on both adverse action and workplace discrimination. You will cover the core elements in practical sessions dedicated to managing an adverse action claim and case law. Gain updates in the all important workplace concerns of sexual harassment unconscious bias and managing ill and injured workers. Be able to advise your clients quickly and with confidence. WEB233N67Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Jane Seymour, Barrister, 6 St James Hall Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am A Practical Guide to Adverse Action Matters in the FCFCA
A practical guide on how to commence or defend an adverse action proceeding and the main steps along the way, including:
- Discovery
- Affidavits
- The hearing
- Damages
Presented by Shannon Moody, Barrister, Sir Harry Gibb Chambers
9.50am to 10.35am Adverse Action and General Protections Claims: Review and Update of Recent Case Authorities
Review recent developments in case law in adverse action and general protections claims that will help inform and update employment and workplace lawyers as to issues arising in these types of claims
Presented by Benedict Coyne, Barrister, Griffith Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Prevention of Sexual Harassment in the Workplace
- Recent legislative reform following the Respect@Work report
- Recent cases on sexual harassment
- State based reviews of sexual harassment in particular industries
Presented by Wendy Fauvel, Partner, Herbert Smith Freehills
11.35am to 12.20pm Managing Unconscious Bias at Work
- What is unconscious bias and its role in discrimination law and general protections claims?
- Reviewing cases including Tsikos v Austin Health, Sharma v Legal Aid Queensland, Gaynor v Chief of the Defence Force (No 3)
- Responding to unconscious bias allegations during the employment relationship?
- What can or should a workplace do?
Presented by Rob Jackson, Partner, Rigby Cooke Lawyers; Accredited Specialist Workplace Relations and Commercial Litigation
12.20pm to 1.05pm Discrimination Issues when Managing ill and Injured Workers
- Guidance on employers rights to manage ill/injured workers
- The nature of disability discrimination-direct and indirect
- Obligations to make reasonable adjustments and unjustifiable hardship
- Dismissal/adverse action against an employee who is ill or injured
- Addressing performance/conduct and discrimination
- Inherent requirements of the job defence
- Best practice in managing ill or injured workers and the risks involved
Presented by Tim McDonald, Principal, McCabes Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Jane Seymour
Jane Seymour has been a legal practitioner specialising in employment law, workplace relations and discrimination law for almost 30 years. Jane accepts briefs from solicitors, and direct briefs from in-house legal counsel, Human Resources/Employee Relations Managers and government departments and entities. Jane has specialised in employment, industrial relations and discrimination law for 30 years. She advises and appears in matters in the Fair Work Commission, Federal Circuit Court, Federal Court, Australian Human Rights Commission and NSW Civil and Administrative Tribunal. She is an Accredited Mediator and has significant experience representing parties and conducting mediations and conciliations of individual and collective workplace disputes.
Jane has served as a Commissioner and Acting Commissioner of the NSW Industrial Relations Commission, and held appointments as Senior Legal Advisor to the Sex Discrimination Commissioner’s Inquiry into the Treatment of Women at the Australian Defence Force Academy, and Chair of Inquiries of Greyhound Racing NSW. Before coming to the bar, Jane was the Associate to the Hon Justice Margaret Beazley AO in the Federal Court of Australia in 1992. She commenced legal practice at Blake Dawson Waldron (now Ashurst), then worked as a solicitor for 15 years, most recently as a Partner of Gadens Lawyers (now Dentons). Jane is regularly sought for strategic advice on workplace investigations and disciplinary processes. She has been a Senior Fellow of Melbourne University Law School and an Adjunct Lecturer at the University of Sydney. At both Universities she created and taught the subject Workplace Investigations in the Masters of Labour Law and Relations postgraduate degrees.
Shannon Moody
Shannon Moody has been at the private bar since 2002 specialising in employment and industrial relations law. Between 1996 and 2002, Shannon practised as a solicitor in Brisbane and Melbourne with Blake Dawson Waldron and Freehill Hollingdale and Page, also specialising in employment and industrial relations law. At the Private Bar, Shannon specialises in a range of employment and industrial law matters, including adverse action, unfair dismissals, contracts of and for service, executive contracts, sexual harassment and discrimination, and industrial instruments. Shannon practices across a wide range of industries and acts for employers and employees.
Wendy Fauvel
Wendy Fauvel is an Executive Counsel in Herbert Smith Freehills’ Employment, Industrial Relations & Safety team based in Brisbane. Wendy helps clients tackle complex scenarios by providing targeted, practical and commercial advice on employment law issues. Wendy works with clients on all aspects of the employment lifecycle, including drafting or reviewing contracts and policies, managing issues such as poor performance and misconduct, entitlements and obligations, and conducting workplace investigations. Wendy has conducted a number of assessments of contractor arrangements, and has assisted an employer in a FWO sham contracting investigation, where no further action was taken against the client.
Rob Jackson
Rob Jackson represents companies and executives in a broad range of , employment related litigation such as dismissals, redundancies, , discrimination, poor performance, and misconduct. Rob also advises on , complex matters affecting the employment relationship such as cross-, jurisdictional employment disputes, intellectual property, privacy and , whistle-blowing, tax and defamation issues. Rob defends companies , and executives in OHS prosecutions, and advises companies on their , WorkCover exposure. Rob is a Registered Migration Agent no 0533348, , assisting businesses with their employment-related migration needs and is , an accredited specialist in both workplace relations and commercial , litigation. He is also an author of 'Post Employment Restraint of Trade' , published by Federation Press, 2014. Rob is a member of the LIV , Workplace Relations Accredited Specialist Committee that sets , employment law specialist exams every two years. Rob is admitted as a , solicitor in both Victoria and England, and holds a LLM from Monash , University in intellectual property.
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 previously the Senior Adviser to the Commonwealth Minister for Employment and Workplace Relations. Prior to this role, he was the Director – Employment Relations of the Employer’s Federation, a peak council, in which he acted in many landmark industrial cases and projects. Tim is a Law Society of NSW Accredited Specialist in Employment and Industrial Law. Tim has served on numerous committees including the Executive Committee of the Industrial Relations Society, the Law Society’s Specialist Accreditation Committee for Employment and Industrial Law, the Workplace Relations Policy Committee of the Australian Chamber of Commerce and Industry, the Legal Policy Committee of the Australian Institute of Company Directors, and as a Director of the Building and Construction Industry Long Service Leave Corporation. 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.
Benedict Coyne
Benedict Coyne is a barrister the Private Bar and an Accredited Specialist in employment, industrial and workplace law. Benedict has a nation-wide practice focusing on employment law and public law/human rights litigation including, inter alia, administrative law, class actions, discrimination law, and tort claims. Benedict has experience in representing both employers and employees in various types of employment matters in multiple state and federal jurisdictions. Benedict has appeared led and unled in the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the Supreme Court of Queensland, the District Court of Queensland and other courts in employment / industrial, public and criminal law matters. Benedict is regularly briefed to run matters in the State and Federal Courts, the Queensland Industrial Relations Commission (QIRC), the Fair Work Commission, and the Queensland Civil and Administrative Tribunal (QCAT). Prior to being called to the private Bar, Benedict practised as a solicitor in Brisbane working for a national class actions firm and a specialist Queensland employment law and discrimination law firm. While practising as a solicitor, Benedict successfully obtained Specialist Accreditation in Workplace Relations Law from the Law Institute of Victoria (LIV) and the Queensland Law Society (QLS) which he maintains at the Private Bar. Benedict was previously Associate to Justice Mordy Bromberg on the Federal Court of Australia in Melbourne and national president of Australian Lawyers for Human Rights (ALHR) for two consecutive terms. Benedict completed his Masters in International Human Rights Law at the University of Oxford with Distinction. In 2021 Benedict was appointed as a Member of the Mental Health Review Tribunal for a three-year appointment. For more details about Benedict and his experience please visit: www.benedictcoyne.com