Employment Law Workshop: The Basics for All Lawyers
Exclusively designed for lawyers not specialising in the workplace law space. Take the time to attend this important webinar that addresses current key employment law issues that all lawyers need to know about given the current legislative and case law environment. You’ll hear how to manage psycho-social risks, avoid adverse action claims, navigate bullying and discrimination concerns, and conduct effective workplace investigations in relation to a complaint. WEB242N10Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Nathan Keats, Principal Lawyer, McNally Jones Staff; Accredited Specialist in Employment and Industrial Law
9.00am to 9.05am Opening Remarks
9.05am to 9.50am Managing Psychosocial Risks: A Practical Review
- Key duties and obligations of employers and employees
- What is psychological safety?
- Code of practice: managing psychosocial hazards at work
- A practical perspective on WHS compliance
Presented by Elizabeth Devine, Principal, Devine Law at Work; Accredited Specialist in Employment and Industrial Law
9.50am to 10.35am Unpacking General Protections and Adverse Action Claims
- The basic framework of a general protections claim
- High Court decisions on the jurisdiction, including the recent decision in Qantas
- What is a complaint or inquiry in relation to employment
- The ability for employers to readily discharge the reverse onus
Presented by James Mattson, Partner, Bartier Perry; Accredited Specialist in Employment and Industrial Law
10.35am to 10.50am Break
10.50am to 11.35am Dealing with Bullying, Discrimination and Harassment in the Workplace
- Current cases and precedents
- Usefulness of the jurisdiction
- Limitations on outcomes
- Impact of introduction of Section 527D and following, regarding sexual harassment jurisdiction parallel to the bullying jurisdiction
Presented by Chris McArdle, Principal, McArdle Legal; Accredited Specialist in Employment and Industrial Law
11.35am to 12.20pm Redundancy and How to Minimise the Risk of an Unfair Dismissal
- Identifying roles for redundancy
- When does a genuine redundancy arise for the purposes of the unfair dismissal jurisdiction?
- Job no longer required
- Compliance with consultation obligations
- Redeployment
- Best practice tips for minimising legal risk
Presented by Louise Rumble, Partner, Gadens
12.20pm to 1.10pm Workplace Investigations, Managing Emotional Witnesses and Delivering Outcomes
- Understanding the legal framework behind conducting a workplace investigation:
- Do you have a conflict and knowing the legal constraints
- Allegations, issues and making a start and avoiding a witch hunt
- Identifying the issue and gathering information
- Putting allegations: tips and traps and delivering the outcome
- Statements from an emotional witness: keeping the focus on the complaint while maintaining empathy and respect
- Is the employee psychologically compromised?
- How to manage an employee who becomes ill after making a complaint
- Handling contact from the employee’s concerned partner or family and abusive SMS!
- Keeping the focus: Jodie’s 2-bucket approach
Presented by Jodie Bradbrook, Principal, Bradbrook Lawyers; Leading Employment Lawyer, Doyles Guide 2023
1.10pm to 1.15pm Questions & Answers
Presenters
Nathan Keats
Nathan is an Accredited Specialist in Industrial and Employment Law and co-chair of the Law Society’s Employment Law Committee. He has over 25 years of experience in employment law advising unions and employees in a number of industries, including maritime, sugar, construction, manufacturing, and the NSW Government sector. Nathan is a skilled and strategic lawyer with experience in the full range of employment and industrial law matters. He has done everything from obtaining salary increases in excess of 19% for non-teaching staff in NSW Public schools under the equal remuneration principle to defending unions from multimillion dollars claims by companies seeking compensation alleged to have been caused by unlawful industrial action.
Elizabeth Devine
Elizabeth Devine is an Accredited Specialist in Employment and Industrial Law. She is founded Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management in 2002. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 32 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 27 years. Devine Law at Work provides services to employers in the public and private sectors and in a broad range of industries. Elizabeth’s approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigation. These services focus on prevention and minimisation of risk, transformation of workplace issues into learning opportunities and long-term solutions and the enhancement of expertise within the workplace, including the professional development of leaders, managers and internal advisers. Elizabeth is passionate about enhancing the knowledge of others about workplace law. In recognition of her significant expertise in employment law and conflict management, Elizabeth has presented at employment law conferences and seminars in Australia on a regular basis for more than 20 years.
James Mattson
James Mattson has over 25 years of experience on the complete range of employment law and industrial relations matters. James has been at Bartier Perry for over 20 years and is a Director at Bartier Perry and Chair of the Pro Bono Committee. James regularly acts for employers in the government and private sector. James regularly helps management and HR apply holistic and lasting solutions to workplace issues and in particular often helps dealing with complaints and grievances, managing difficult employees and resolving complex claims involving awards, agreements and employment contracts. He also often represents clients in court as an advocate in unfair dismissal, adverse action and discrimination claims. James is also the author of the Employment Law chapter in the legal text by Lexis Nexis, Social Media and the Law. James regularly presents on an array of workplace topics.
Chris McArdle
Chris McArdle is one of approximately forty lawyers in New South Wales accredited by the Law Society of New South Wales as a specialist in Employment and Industrial Law. Chris has been in legal practice since 1988 and prior to that, served as a Commissioner of the Industrial Relations Commission of New South Wales. Chris acts for corporate and individual clients with a philosophy of preventing problems and increasing corporate efficiency. Chris has achieved a number of breakthroughs in the anti-discrimination, employment contracts and Registration of Agreements Jurisdictions. Chris is a regular presenter of seminar papers and has published several articles in both mainstream press and specialist journals.
Louise Rumble
Louise Rumble is a partner at Gadens and a member of the Workplace Advisory and Disputes group. Louise has over 15 years’ experience advising employers on a range of issues including negotiating employment contracts, compliance with minimum terms and conditions, managing employment issues during the employment relationship and employment-related litigation. Louise routinely provides workplace training and recent topics include appropriate workplace behaviour and managing workplace investigations in times of crisis. Louise represents clients in a range of industries in the public and private sectors.
Jodie Bradbrook
Bradbrook Lawyers is a is a specialist workplace law firm led by Jodie Bradbrook. Jodie has a reputation for straight talking and breaking down legal jargon to give you great practical advice without the sugar-coating. Jodie is an experienced and engaging presenter, she will deliver practical training covering topics which will help you navigate workplace investigations and other employment issues.