Workplace Law Symposium 2020 - Recorded in March 2020, NSW
Issues covered include: unfair dismissal, general protections, #MeToo, leave applications, Workplace investigations, mental health, ill and injured employees, underpayments
Description
With many rapidly developing changes and ever increasing challenges for employment lawyers and HR personnel, it’s critical to keep yourself on top of these changes. Gain essential knowledge from our panel of experts as they delve into the most topical workplace issues today, including, general protections under the Fair Work Act, insights on unfair dismissal claims, the impact of #MeToo, how to manage long term ill employees and more!
Attend the full day and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
Session 1
Workplace Disputes and Remedial Actions
Chair: John West QC, 7 Wentworth Selborne Chambers; Leading Employment Law Senior Counsel, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Unfair Dismissal: Conciliation at the Fair Work Commission
80% of unfair dismissal matters in the FWC are settling at conciliation.
- Lessons from the latest case law
- How should I respond to an F2 application?
- How should I prepare for a conciliation before the FWC?
- The conciliation process
- When and how to settle a claim
Presented by Nick Chadwick, Principal Lawyer, Chadwick Workplace Law
9.50am to 10.35am: General Protections under the Fair Work Act
- The duality of intra-employment and ‘dismissal’ dispute under section 370 of the Fair Work Act
- F8A and the employer’s reasons; the certificate
- Lessons from Hill v Compass Ten; a dismissal case without a certificate being a nullity
- Elements amongst several types of claims in part 3-1
- Workplace right, industrial activity, protected attribute or other basis
- Adverse action as only form of ‘detriment’ available in many cases
- Contents of sections 360 and 361 of the Fair Work Act
Presented by Tim Donaghey, Barrister, Latham Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am: How Businesses are Managing the Challenges of #MeToo
- The #MeToo movement and its ongoing social, cultural and legal impact
- The AHRC National Inquiry into Sexual Harassment in Australian Workplaces
- Reform proposals for sexual harassment litigation
- The anti-bullying jurisdiction for sexual harassment matters
- Sexual harassment policies
- The importance of investigations
- Employer Action Plans; preparation for a sexual harassment crisis scenario
Presented by Michael Byrnes, Partner, Swaab
11.35am to 12.20pm: Leave Applications under the Australian Human Rights Commission Act 1986 (Cth)
- Factors the Commission considers when terminating a complaint
- Background to the introduction and discussion of the requirement to seek leave of the court to make an application in the Federal Circuit Court or the Federal Court under s 46PO(3A)(a) of the AHRC Act
- Factors that the court considers relevant to the grant of leave
- Recent cases considering the exercise of the court’s discretion to grant leave
Presented by Bronwyn Byrnes, Barrister, St James Hall
12.20pm to 1.05pm: Workplace Investigations: Preventing Investigators Becoming Victims
With employees’ claims escalating rapidly, there is an increasing need to be across investigations.
- How best to quickly analyse complaints
- Appropriate alternatives to a formal investigation
- How to conduct investigations effectively
- Advantages of getting it right
Presented by Ben Motro, Special Counsel, Piper Alderman
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Mental Health, Long Term Illness and Underpayments
Chair: Daniel O'Sullivan, Barrister, Denman Chambers
Professional Skills
2.00pm to 3.00pm: Human Risk: Mental Health and Wellbeing
Gain an understanding of human risk in the workplace and mental health in the legal environment.
- Psychological versus physical danger
- The role of the mind in creating stress
- Biological basis of stress and its impact on the immune system
- Tips and tools for stress-proofing and optimising performance
Presented by Rachel King, Founding Director, Human Risk
3.00pm to 4.00pm: Effectively Managing Long Term Ill and Injured Employees
- Medical evidence
- Carefully manage communication: working closely with risk, return to work and HR specialists – the ‘working party’ for each claim
- Prognosis for return to full pre-injuries duties
- Managing performance in the age of bullying and adverse action claims
- Who is the decision maker and what is the evidence relied upon?
- Liability issues
- Implications of Lee v Superior Wood [2019] FWCFB 2946 on independent medical examination directions and privacy
Presented by Jennifer Zadel, Senior Associate, HWL Ebsworth
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Recovery of Widespread Underpayments
- Increasing use of class actions for recovery of underpayments
- The use of the separate question process under r.30 of the Federal Court Rules
- The use of test case proceedings
- The power of the Fair Work Commission to resolve disputes arising under Awards and Agreements
- Consideration of penalties where there are patterns of underpayment
Presented by David Taylor, Principal, Segelov Taylor Lawyers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates