Workplace Law Conference
Issues covered include: Litigation as a remedy for the Bullied or Mistreated Client, Misrepresentation in the Employment Context, Discrimination, Unfair Dismissal: Conciliation at the Fair Work Commission, Insights from the Fair Work Commission, Managing Injured Workers at the Workplace and interaction between employment and safety laws, Vulnerable Workers, Underpayments, Penalties, Workplace Investigation
Description
The headlines in the employment law space in the last 12 months have placed employment lawyers, in-house counsel and HR professionals on the edge. In one day, you will address the major workplace developments that you currently face. Gain insights into discrimination, adverse action, bullying, how to manage ill and injured employees, conducting fair and effective workplace investigations and much more.
Attend and earn 6 CPD units in Legal Knowledge
Session 1
Workplace Disputes and Remedies
9.00am to 9.05am Opening Comments by the Chair
9.50am to 10.35am: To Litigate or not to Litigate: Balancing Risk with Remedy for the Bullied or Mistreated Client
- Assessing the claim: Is it actionable? Is there independent evidence? Will witnesses be cooperative? Should an informal approach be adopted?
- Assessing the client: How is their mental health? How are their options for re-employment elsewhere? Their resources?
- Assessing the choices: Via a court or a commission? What are the financial costs?
- Assessing the combatant: Do they relish a war footing or are they amenable to a negotiated settlement?
Presented by Susan Moriarty, Principal, Susan Moriarty & Associates; Recommended Employment Lawyer (Employee & Union Representation), Doyle’s Guide 2019
10.35am to 10.50am: Morning Tea
10.50am to 11.35am: Misrepresentation in the Employment Context
- Limitations of ‘trade or commerce’ in an employment context
- Pros and cons of such a claim against other potential causes of action such as breach of contract
- Representations of future matters, and the evidence a respondent should lead
- Potential remedies and costs implications
Presented by Stephen Mackie, Barrister, Queensland Bar; Recommended Employment & WHS Barrister, Doyle’s Guide 2019
11.35am to 12.20pm: Discrimination in the Workplace
- Overview of Federal and State discrimination laws
- Discrimination in the pre-employment arena
- Direct and indirect unlawful discrimination
- Review of recent discrimination case law
Presented by Sam McIvor, Partner, Mullins; Recommended Employment Lawyer (Employer Representation), Doyle’s Guide 2018
12.20pm to 1.05pm: 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 Heinz Lepahe, Partner, HWL Ebsworth Lawyers
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair
Session 2
Injured Workers, Vulnerable Workers & Investigations
Chair: Nikki A-Khavari, Barrister, Higgins Chambers
2.00pm to 2.45pm: INSIGHTS FROM THE FAIR WORK COMMISSION
Presented by Hon. Deputy President Ingrid Asbury, Fair Work Commission
2.45pm to 3.30pm: Managing Injured Workers at the Workplace: How Employment Law and Safety Law Interact
- An exploration of the legal risks associated with managing ill and injured employees from a safety and employment law perspective
- The traps that we see in employers dealing with ill and injured employees
- Practical steps for employers on how to avoid those traps
Presented by Wendy Fauvel, Senior Associate, Herbert Smith Freehills
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Vulnerable Workers, Underpayments, Penalties and the Changing Landscape: Compliance with Federal Laws
In October 2019, the Fair Work Ombudsman has had the highest recovery of wages in its history with a significant increase in calls from employees questioning irregularities in their pay and conditions. As a result in this session you will examine:
- Significant cases that led to an increase in claims by employees
- What are the requirements under the Fair Work Act?
- How to set off overpayments in the employment context
- Where employers got it wrong and why
- The penalties in place for employers and directors for underpayments
Presented by Gemma Sharp, Senior Associate, Cooper Grace Ward Lawyers
4.30pm to 5.15pm: How to Conduct a Fair and Effective Workplace Investigation
- Best practice in planning an investigation
- How to ensure the investigation is procedurally fair
- Dealing with curveballs
- Common mistakes and how to avoid them
- Case studies from the courts and Fair Work Commission
Presented by Angela Petie, Consultant Lawyer, Angela Petie
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below. Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by validating tickets at Mercure Reception prior to departure. Click here to view rates .
Directions
Nearby Public Transport:Train Stations - Roma Street StationBus Interchange - George Square Bus Station