Employment Law Symposium - Restraints of Trade & Whistleblowing Law: An Employment Law Perspective 3-year Update
OND233N21B2
Description
Attend and earn 1.5 CPD hours in Substantive Law
This program is applicable to practitioners from all States & Territories
3.45pm to 4.30pm Restraints of Trade
- Drafting restraints of trade
- The background around the rationale for post-employment restraints and tips for drafting an enforceable restraint clause, including considerations of proportionality and reasonableness
- Enforcing and defending restraints of trade
- The enforcement of restraints generally, as well as jurisdictional considerations and the different approachesto gathering evidence
- Alternative approaches
- Alternatives to traditional restraints of trade provisions, including making claims under the Corporations Act and damages-type claims
Presented by Shivchand Jhinku, Partner, Herbert Smith Freehills
4.30pm to 5.15pm Whistleblowing Law: An Employment Law Perspective 3-year Update
- The current whistleblower protections in the Corporations Act, which came into force in 2019
- What developments have occurred since then: significant cases
- How are the laws being used in practice: an employment lawyers’ perspective
- Practical difficulties in navigating the current protections, for employers and whistleblowers
- Possible future directions: Is the current Government likely to make any changes?
Presented by Elizabeth Ticehurst, Principal, Activate Workplace Law
Presenters
Shivchand Jhinku
Shivchand Jhinku is a partner at Herbert Smith Freehills based in Sydney, specialising in employment litigation. Shiv regularly advises clients in relation to the entirety of the employment life-cycle, from hiring, re-, negotiating contracts, performance management, termination and enforcement of post-employment obligations. Shiv has a broad range of expertise cross a number of sectors, including financial services, energy and resources, construction, transport and logistics and healthcare. Shiv also has significant experience in advising clients in relation to managing whistle blowing issues, from developing policies, providing training to investigators and advising and representing clients in responding to whistleblowing allegations.
Elizabeth Ticehurst
Elizabeth Ticehurst is an accredited specialist in Employment and Industrial Law and is an expert in the emerging area of whistleblowing. With two decades of experience working in the legal industry in the Asia Pacific Region, Elizabeth has first-hand knowledge of the complexities of managing a diverse workforce across several jurisdictions. Elizabeth is a sought-after speaker and trainer, and regularly presents at external conferences and seminars. In 2019 she was a “Special Counsel of the Year” finalist in the Lawyers Weekly Women in Law Awards. An expert in Whistleblowing Law, Elizabeth has a special interest in advising managers of in-house whistleblowing programs on both compliance and practical issues. She has conducted whistleblower response training for more than 50 groups, including Boards, executive teams and senior management in industries ranging from finance and banking to resources and retail.