Sexual Harassment in the Workplace: Contemporary Challenges
The New Regime requires proactive measures to combat sex discrimination & harassment in the workplace. It’s time to ensure everything’s in order. It’s imperative to ensure compliance & establish effective employee behaviour policies. Understand the implications of the regime & the approach towards the positive duties. Equip yourself with practical tips on handling vicarious liability, resolving disputes & managing the legal ramifications. Gain expert advice on the latest in assessing damages. WEB238N04Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Kellie Edwards, Barrister, 153 Phillip Barristers; Recommended Employment Law Junior Counsel, Doyle’s Guide, 2023
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Sexual Harassment: A Legislative Update - Where are we now?
- Understand the new positive duty on employers under the Sex Discrimination Act 1984 (Cth) to eliminate sexual harassment in the workplace
- Examine the expanded powers of the Australian Human Rights Commission from 12 December 2023 onward to monitor and investigate employers to enforce the above
- Examine the expanded timeframe for complaints to be made to the AHRC (24 months instead of the previous 6 months)
- Explore the clear criminalisation of victimising conduct
- Survey the changed attitudes of the judiciary
Presented by Bronwyn Byrnes, Barrister, St James Hall Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide, 2022
9.50am to 10.35am Taking Proactive Steps
- How to approach the positive duties on employers
- The positive duty under the Sex Discrimination Act
- Approaching sexual harassment as a safety issue, including risk identification, assessment and controls
- Sexual harassment prevention and response plans
- Regular employee training and education
- The role of leadership in creating a safe and respectful workplace culture
Presented by Jennifer Bourke, Senior Associate, MinterEllison
10.35am to 10.50am Morning Tea
10.50am to 11.35am The Vicarious Liability of Employers
- Reviewing and updating policies: what they should contain
- Case study: an example of employer liability
- Preventative measures and strategies
Presented by David Taylor, Principal, Segelov Taylor Lawyers
11.35am to 12.20pm Sexual Harassment Disputes and Legal Consequences
- Overview of what kind of disputes can be brought and in which forum
- Examine the timeframes
- Understand the potential consequences
- Be guided through case examples
Presented by Joanna Bandara, Principal and Alex Kostas, Associate, HMB Lawyers
12.20pm to 1.05pm Current Trends in Damages Claims for Sexual Harassment
- The assessment of compensation in sexual harassment claims
- General damages awards in sexual harassment claims
- Recent cases
- Trends in aggravated damages awards
Presented by Mia Pantechis, Principal Lawyer, Maurice Blackburn Lawyers; Leading Employment Lawyer (Employee & Trade Union Representation) NSW, 2022
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Kellie Edwards
Kellie Edwards was called to the Bar in 2005 and is at 153 Phillip chambers. On Doyles Recommended list for Junior Barristers in Employment and recently a finalist in the Australian Law Awards in the category of Barrister of the Year, she is a specialist in the employment, industrial and discrimination jurisdictions. She also accepts briefs in inquiries, having recently appeared in the Royal Commission into Defence and Veterans’ Suicide, as well as administrative, trade practices, common law, and restraints of trade claims. Kellie is an accredited mediator and arbitrator. Prior to becoming a lawyer, Kellie studied architecture (briefly), before gaining a first class Honours degree in Communications majoring in Social and Political Theory and Writing, whilst working in government and later as a private consultant. She then obtained a degree in law from Sydney University (also first class Honours) and was employed by Dibbs Barker Gosling in litigation, where she was made an Associate before being called to the Bar. Kellie was the inaugural Chair of the Australian Payments Network’s Sanctions Tribunal from 2017 to 2022. She was also a member of the NSW Administrative Decisions Tribunal, sitting in the Equal Opportunity Division, deciding claims under the Anti-discrimination Act 1977 (NSW), from 1997-2003. Kellie’s approach to litigation is to work with her clients to identify their goals in respect of the litigation, provide clear advice as to the extent to which the law may achieve those goals and project manage litigation by reference to those matters. Some of her recent cases may be viewed on her chamber’s website:https://153phillip.com.au/barristers/kellie-edward/. Kellie is regularly asked to present papers and seminars. Outside of chambers, Kellie enjoys spending time with family and friends, writing fiction, running, yoga, painting and music. She runs The Great Story Club at the Great in Marrickville and her last gig was Jen Cloher at the Opera House as part of Vivid Sydney.
Bronwyn Byrnes
Bronwyn Byrnes was admitted as a solicitor in New South Wales in 2003 and was called to the Bar in 2017. She practices employment law and discrimination law. Between 2008 – 2017, Bronwyn was a Lawyer with the Australian Human Rights Commission in Sydney. Bronwyn trained as a Lawyer with Allens in the Commercial Litigation and Corporate Departments. She also practised in the United Kingdom, where she completed a Master of Laws from Cambridge University, worked as an employment law solicitor for Fisher Meredith Solicitors and as a research and policy advisor for the International Secretariat of Amnesty International. Bronwyn also lectures Employment & Industrial Law at the University of Technology and the University of Sydney.
Jennifer Bourke
Jennifer provides strategic advice to public and private sector clients on the full spectrum of employment and industrial relations issues, including discrimination, unfair dismissal, adverse action, the application and operation of enterprise agreements, policies and contracts, and compliance with the Fair Work Act 2009. Jennifer's work includes advising in relation to the management of reports of sexual harm, including the investigation of such reports and the conduct of related disciplinary processes. This includes advising employers in relation to reports made in respect of their employees, as well as universities in relation to reports made in respect of students (which has also included advising a university in relation to the redesign of its student misconduct processes, which involved preparing guidance material for students, staff and the student conduct board). In early 2023, Jennifer undertook a secondment at the Australian Human Rights Commission in the positive duty compliance and enforcement team. Jennifer was integral in the preparation of the Commission's guidance for organisations and businesses on how to comply with the positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and related behaviours. Jennifer regularly advises employers on how to manage reports of sexual harassment in a person-centred and trauma-informed way, whilst ensuring the health and safety of workers and protection of the organisation's interests.
Alex Kostas
Alex is an Associate at HMB Employment Lawyers, a boutique Melbourne firm dedicated to advising and representing clients in employment, industrial relations and occupational health and safety matters. Prior to joining HMB he worked for a leading plaintiff firm where he represented individuals in employment litigation. In his current practice he advises businesses across a number of industries on employment-related matters. Having presented on key employment law topics for HR representatives and in-house legal counsel in the past, Alex believes it is necessary for all businesses (and the practitioners advising those businesses) to be aware of the risks inherent in the Australian employment law landscape.
Joanna Bandara
Joanna is a Principal at HMB Employment Lawyers, and practices exclusively in the employment, IR and OHS space and has extensive experience particularly in OHS. Joanna works closely with her clients and takes a practical approach to the law, providing advice that is both comprehensive and straightforward. Joanna has presented to HR professionals and boards on a wide range of employment law matters and has also represented clients in State Courts, the Federal Courts and in the High Court.
Mia Pantechis
Mia Pantechis is a Principal Lawyer in Maurice Blackburn's Sydney employment law team. Between 2021 and 2023, she has been rated by the Doyle's Guide as a leading employment lawyer for employees, and was recognised as a top female legal professional in the LawyersWeekly Women in Law awards in 2020. With over 10 years’ experience as an employment lawyer, Mia has a strong reputation as an expert in sexual harassment and discrimination law. She has conducted significant and high-profile sexual harassment litigation, and has secured record-breaking out-of-court settlements for her clients. Mia is a strong advocate for sexual harassment reform, having helped shape public debate around legislative changes to anti-discrimination laws. She regularly features in the media on the topic of sexual harassment.
David Taylor
David Taylor is a principal at Segelov Taylor Lawyers, a newly established firm. Prior to establishing Segelov Taylor, David was for nine years a partner at Turner Freeman Lawyers, practising in employment and industrial law. He is an accredited specialist in employment and industrial law. David has acted in a wide variety of matters. Notable cases include:, “Stewart v QBE Insurance (Australia) Limited [2010] HCA 9. David acted for widow of a man who had died from mesothelioma. The case concerned who bore the onus is proving a limit of indemnity in a worker's compensation insurance policy in circumstances where the policy document had been lost. This ground-breaking case ensured that insurers could not rely on having lost an insurance policy to limit their obligations., "Keldote Pty Ltd & Ors v Riteway Transport Pty Ltd [2008] FMCA 1167. David acted for three truck drivers who sought review and amendment of their contracts pursuant to the Independent Contractors Act following the termination of the contractors by a principal. This was the first successful claim brought under that Act., "Between 2010 and 2012, David acted for the Qantas pilots' union, the Australian & International Pilots Association during the pilots first industrial action since 1966, during the grounding of the airline and the subsequent Workplace Determination Proceedings. The dispute involved a number of significant decisions interpreting the industrial act provisions of the Fair Work Act in the Federal Court and the Fair Work Commission., "Alexander v. Capello & anor [2013] FCCA 860 David acted for the applicant in successful sex harassment proceedings. In this significant case, proceedings were brought and maintained against the harasser and a Company director despite the employer company having been liquidated. In his new firm David plans to continue to act in a wide variety of employment, industrial matters along with other litigation.