Discrimination Law: This, That, the Other and More Perth
Keep up with key developments in discrimination law and master how to walk over the blazing coals of this hotbed 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, so ensure you know precisely where the law stands and how to expertly guide your client to safety.
Description
Chair: Renae Harding, Partner, Jackson McDonald
9.00am to 9.50am
The Racial Discrimination Act 1975 (Cth) and the Federal Court of Australia
- Practice areas of the FCA in which the Racial Discrimination Act primarily arises
- Jurisdictional issues
- Notable recent judgments concerning the Racial Discrimination Act
Presented by Tessa Herrmann, Barrister, Francis Burt Chambers
9.50am to 10.40am
A Practitioner's Guide to Discrimination Actions under the Fair Work Act
- Overlap with actions under anti-discrimination laws
- Time limits and limitation periods
- Which forum? FWC vs Federal Courts vs State Courts
- Establishing liability: the reverse onus of proof
- Which remedy? Injunctions, compensation, reinstatement, penalties
- Legal costs: FWC vs Courts
Presented by Mark Hemery, Partner, Hotchkin Hanly
10.40am to 11.25am
How to Take Positive Action to Minimise the Risk of Unlawful Discrimination and Legal Claims
- Avoiding indirect (and unintentional) discrimination in across-the-board requirements and/or workplace changes
- Considering and responding to requests for flexible working
- What are the 'inherent requirements' of the job (really)?
- Are job applicants with criminal records protected from discrimination?
- How can employers take 'All Reasonable Steps' to prevent harassment?
- What does an effective anti-discrimination policy contain?
- Pre-employment medicals and anti-discrimination
Presented by Elizabeth Moran, Senior Associate, DLA Piper
11.25am to 11.40am Morning Tea
11.40am to 12.25pm
Dealing with Workplace Discrimination Claims: A Practical Guide
- Workplace policies
- Initial complaints
- The Investigation: Who investigates; witness interviews; procedural fairness; suspension from employment; report & outcomes
- Avoiding further claims
Presented by Shannon Walker, Senior Associate, Norton Rose Fulbright
12.25pm to 1.15pm
The Interplay between Discrimination and Mental Illness in the Workplace
- Mental illnesses and substance use disorders
- Workplace triggers for mental illness and appropriate workplace conversations
- Mental illness: the workplace statutory framework & policies
- Performance management & termination of employment in a mental illness context
Presented by Miriam Power, Special Counsel, K&L Gates