Discrimination and Adverse Action Claims in 2019
Issues covered include: disability and discrimination law, adjustments, relief, bullying, sexual harassment, adverse action, performance management
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Description
Keep up with key developments in discrimination law and hone your ability to walk over the hot coals of this challenging area where you need to be able to respond to any situation quickly, efficiently and with the utmost confidence. When your client calls you with their pressing questions and pleas for guidance, you had better be prepared to properly advise them on the spot, ensure you’re ready to do just that by knowing precisely where the law stands & how to guide your client out of a difficult situation.
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in NSW on 21 March 2019
Chair: Larissa Andelman, Barrister, 153 Phillip Barristers
9.00am to 10.00am: Disability Discrimination Law Update: Reasonableness, Adjustments and Relief
- What do the latest cases say about when there is an obligation to make reasonable adjustments?
- Who has the obligation to identify them and when are they reasonable?
- Recent considerations of relief in disability discrimination cases
Presented by Elizabeth Raper, Barrister, 5 Wentworth Chambers; Senior Adjunct Lecturer, University of Sydney; co-author, Discrimination Law and Practice, The Federation Press; Preeminent Employment & WHS Junior Counsel, Doyle’s Guide 2018
10.00am to 11.00am: Managing Workplace Bullying, Sexual Harassment and Discrimination Claims
- Identifying the issue
- Dealing with the initial investigation
- Choosing the right forum
- Procedural fairness
- Suspension from employment
- Conducting a fair in-house investigation
- How to conduct disciplinary reviews
- The implications of social media and its role
- Avoiding further claims
Presented by Alexandra Shields, Special Counsel, Norton Rose Fulbright
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Adverse Action: Hot, Hot and Fizzle
- Adverse action: What’s the attraction and all the fuss about?
- Recent ‘hot’ cases and the burning issues with adverse action claims
- Minimising the risk of claims and successfully defending the ‘inevitable’ adverse action claim
Presented by James Mattson, Partner, Bartier Perry
12.15pm to 1.15pm: How to Manage Performance in the World of Adverse Action and Discrimination Claims
- Legitimate vs unlawful grounds for managing performance
- A survey of adverse action and discrimination cases arising from performance management
- How to reduce exposure to such claims when managing performance
Presented by Bronwyn Maynard, Special Counsel, Maddocks