Employment Law Symposium
Explore the most significant issues, reforms and legislative developments in employment law for 2024. Hear from our leading panel of employment law specialists, as they scrutinise proposed future reforms, impacts of recent legislative changes in your practice and provide recent case update on General Protections. Finally, refresh how to deal with workplace risks, including psychosocial hazards and sexual harassment, protection of confidential information and restraint of trade. 243N33
Description
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Workplace Law Developments, Reforms and Case Update
Chair: John Fernon SC, PG Hely Chambers; Recommended Employment Law Senior Counsel, Doyle’s Guide 2021
9.00am to 10.00am Overview of Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth)
Presented by Alice DeBoos, Managing Partner, Kingston Reid; Preeminent Employment Lawyers (Employer Representation), Doyle’s Guide 2023
10.00am to 11.00am Secure Jobs Better Pay Act: In Practice and Recent Cases
- Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act
- Enterprise bargaining: review of amendments
- Flexible working arrangements
- Fixed term contracts
- Pay secrecy
- What’s happened in the space
Presented by Shivchand Jhinku, Partner, Herbert Smith Freehills
11.00am to 11.15am Morning Tea
11.15am to 12.15pm General Protections: Implications of Qantas Airways and Other Case Updates
Discussing the impact of the High Court’s decision in Qantas Airways Limited v Transport Workers Union, among other significant recent cases.
Presented by Bronwyn Byrnes, Barrister, Sixth Floor St James Hall; Recommended Employment Law Junior Counsel, Doyle’s Guide 2023
12.15pm to 1.15pm Employment Law Litigation and the Shifting Approach to Evidence
- Approach of the Federal Court relating to evidence in general protections claims
- The limitations of affidavit evidence: Kane’s Hire Pty Ltd v Anderson Aviation Pty Ltd [2023] FCA 381
- The position in NSW: Gan v Xie [2023] NSWCA 163
- Drafting affidavits or outlines of evidence and the different considerations
- Preparing for trial based on affidavit evidence or oral evidence
Presented by Bilal Rauf, Barrister, State Chambers; Leading Employment Law Junior Counsel, Doyle’s Guide 2023
Session 2
Managing Risks in the Workforce
Chair: Kiri Jervis, Partner, Hamilton Locke
2.00pm to 3.00pm Psychosocial Hazards and Sexual Harassment: Intersecting Obligations and New Regulatory Powers
- The amended Work Health & Safety Regulations
- Code of Practice: Managing psychosocial hazards at work
- Positive duty under the Sex Discrimination Act to prevent sexual harassment
- AHRC Guidelines
- New compliance powers of the AHRC and Fair Work Ombudsman
Presented by Amber Sharp, Partner, McCullough Robertson
3.00pm to 4.00pm Protecting Confidential Information and Restraint of Trade
- The duty of confidentiality: what it means in law and practice
- Protecting confidential information: why you need more than a restraint of trade
- What the Court expects of an employer who seeks to enforce a restraint of trade
- Drafting tips for enforceable restraints of trade
Presented by Elizabeth Devine, Principal, Devine Law; Accredited Specialist in Employment and Industrial Law
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm How Not to Conduct Workplace Investigations: A Panel Discussion
- Why does it matter? Legal, people and commercial risk
- The importance of complaints processes: when and how you might receive a complaint
- When to investigate: initial “triage” of complaint and legal obligations
- When to use an external investigator?
- Investigation principles:
- Procedural fairness
- Confidentiality
- Impartiality
- Timeliness
- Roadblocks and solutions: the “non-complaint”, availability of support persons and unforeseen delays
- Tips and best practice
- Suspension and/or other interim measures regarding work arrangements
- Support and communication
- Investigations and CCTV footage
Co-presenters:
Alina Kaye, Partner, The Workplace Employment Lawyers
Lucienne Gleeson, Partner, Baker & McKenzie
Presenters
John Fernon SC
John is an experienced counsel who has advised and appeared across many areas of the law and is a leading expert in Employment and Industrial law. Since 2012, he has been recognised each year in the annual Doyles Guide as "Pre-eminent", "Leading" or "Recommended" Senior Counsel in both Employment Law and Work, Health & Safety in NSW and/or Australia along with ongoing recognition by his peers in the AFR Best Lawyers guide. With more than 30 years’ experience at the Bar and 17 years as Senior Counsel, John maintains a solid practice and regularly appears for a broad spectrum of clients across a range of Federal and State jurisdictions, including industrial tribunals. He has represented clients involving commercial, equity and administrative law disputes, as well as claims made under contracts of employment and the the Fair Work Act 2009 (Cth), workplace safety and common law claims for both plaintiffs and defendants in the Dust Diseases Tribunal.
Alice DeBoos
Alice DeBoos is the Managing Partner of Kingston Reid, the largest national employment, IR and safety specialist law firm. She is an experienced employment and industrial relations specialist, whose expertise includes advice and litigation in employment law, industrial relations, and equal opportunity law. She is experienced in dealing with all manner of employment issues including remuneration, performance management, restraints, restructuring and termination. Alice is involved in the design and delivery of training programs and sessions for clients including managing the legal aspects of employment and people management as well as industrial skills and compliance programs. Alice is a regular speaker at conferences and seminars in workplace relations and human resources and works across both the private and public sectors.
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.
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.
Bilal Rauf
Bilal was called to the bar in 2014 and specialises in employment and industrial relations law and workplace health and safety law. He appears led and unled in all Federal and State courts and tribunals in which such matters are litigated, both at first instance and on appeal. Bilal is briefed and accepts briefs in matters throughout Australia. Bilal has appeared for many of Australia's largest corporations, employer associations and government entities. His expertise has been recognised in the 2017 Doyle’s Guide where he has been included in the list of leading employment and workplace safety junior counsel. Prior to coming to the Bar, Bilal was a Special Counsel at Ashurst (formerly Blake Dawson) in its Sydney and Brisbane offices. During his 11 years with the firm, Bilal worked across a range of industries, including mining and resources, maritime, building and construction, manufacturing and transport. Bilal was also a lawyer at PricewaterhouseCoopers Legal where his work was focussed on safety prosecutions, defences and investigations. Given his experience, Bilal is able to approach matters with a strategic focus and having regard to the legal and commercial objectives of the client. Bilal also regularly presents at seminars and participates in panel discussions.
Amber Sharp
Amber Sharp has over 20 years’ experience as a workplace relations lawyer. She has particular expertise in discrimination, termination disputes, and bullying claims. Amber is praised by clients for her down to earth, straight talking and solutions-oriented approach. Amber is recognised in Doyles Guide and Best Lawyers as a leading employer representative employment and industrial relations practitioner.
Elizabeth Devine
Elizabeth Devine is a specialist in Australian employment law and conflict management. Elizabeth has been practicing law for 31years and has specialised in all aspects of Australian employment law and workplace relations for 26 years. Elizabeth is the Founder of Devine Law at Work, a Sydney based law firm and consultancy which provides services to employers across Australia and to their related businesses in Asia, the United Kingdom, Europe and Northern America. Devine Law at Work provides a full range of employment related services to employers in the private and public sector. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. In addition to her legal expertise, she has skills and expertise in education, facilitation, mediation, workplace investigation and conflict coaching. In recognition of her expertise in workplace investigations, in 2017 Elizabeth was invited to be the inaugural Convenor of the Sydney Circle of the Australasian Association of Workplace Investigators (‘AAWI’) and to be a member of AAWI’s National Advisory Committee. In 2019, she was co-convenor of AAWI and also chaired a committee which organised and ran an international conference in Sydney on the topic of ‘Workplace Investigations: Risky Business?’ She provides Master Classes on Best Practice Workplace Investigations in Australia and overseas.
Lucienne Gleeson
Lucienne Gleeson is a partner in Baker McKenzie's Employment Practice in Sydney. Lucienne advises on all aspects of employment law. She has appeared in the Federal Court, Federal Circuit Court, Supreme Court, Fair Work Commission and the Australian Human Rights Commission to represent clients in a variety of cases. This has included adverse action, discrimination, breach of contract, unfair dismissal and restraint of trade matters. Lucienne conducts investigations into allegations of employee misconduct and bullying in the workplace. She also presents on key workplace topics including performance management, anti-discrimination, bullying and harassment.
Alina Kaye
Alina is an experienced employment and industrial law specialist, who has worked with clients across a range of industries including media, finance, education, telecommunications, retail and hospitality. Alina has previously worked in a boutique employment law practice and in the employment teams of large, national and international firms. Her clients praise her calm, considered and highly strategic approach to workplace issues. Alina is passionate about employment law and keeping on top of the constantly evolving legal and political space. She has also spent part of her career working as a Senior Writer for one of the world’s leading legal publishers Thomson Reuters. She prides herself on keeping up-to-date with the latest developments and assisting clients to proactively navigate these changes.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
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