Workplace Law Hot Topics
Issues covered include: Freedom of Speech in the Employment Relationship, Underpayment of Wages , Labour Hire, #MeToo
Description
With many rapidly developing changes and ever increasing challenges in employment law, it’s critical to keep yourself on top of these changes. Gain essential knowledge from a panel of experts as you examine the most topical workplace issues today.
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
Chair: Mark Cox, Director, MDC Legal; Market Leading Employment Lawyer (Employee & Union Representation), Doyle’s Guide 2019
9.00am to 10.00am: Freedom of Speech in the Employment Relationship
- Is there a right to free speech in an employment context?
- Can an employer regulate the expression of personal views or comments by employees through a contract of employment, code of conduct or policy?
- Can an employer regulate what an employee does in their private time and private life?
- If so, should they? What are the limits on such regulation?
- What impact will the draft Religious Discrimination Bill have on freedom of speech and the employment relationship?
- What steps can employers take to successfully navigate these issues?
Presented by Nick Ellery, Partner, Corrs Chambers Westgarth; Preeminent Employment Lawyer (Employment Representation and Leading Workplace Health & Safety Lawyer, Doyle’s Guide 2019
10.00am to 11.00am: Cooking the Books: How to Avoid an Underpayment of Wages Scandal
Understand the source of the legal obligations underpinning the employment relationship, including the Fair Work Act, industrial instruments, contracts of employment and policies
- Identify the potential risk areas for underpaying employees and how underpayments get discovered
- Learn about the potential consequences of underpaying employees, including:
- liability for underpayments to employees of contractors and to labour hire employees
- personal liability for managers, supervisors and professional advisors
- Recognise the penalties that can be imposed when employees are underpaid
- Appreciate the role of the Fair Work Ombudsman and how to respond to audits and investigations of alleged underpayments
- Review recent cases on wage theft and understand penalty trends
Presented by Victoria Stamper, Senior Associate, HWL Ebsworth Lawyers
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Contractor vs Employee in a Labour Hire Context
- Can inexperienced, unskilled workers (including minors) provide contract labour to third parties?
- Review of the law, post Odco
Presented by Robert French, Barrister, Francis Burt Chambers
12.15pm to 1.15pm: How Employers are Managing the Challenges of the #MeToo movement
- #MeToo or Me Too: the movement against sexual harassment and assault, its significance in Australia and particularly the workplace
- The current legal landscape: the key workplace laws and the broader framework
- Vicarious liability of employers for sexual harassment under Australian law
- Protecting the workplace and avoiding vicarious liability
- Best practice initiatives in preventing sexual harassment and dealing with allegations of sexual harassment, including best practice policies, training, workplace investigation and culture
- Managing workplace relationships and particularly, after hours conduct
- Takeaway points from key cases
- The Weinstein clause
Presented by Natasha Leedman, Specialist Workplace Lawyer & Consultant
Venue
Mercure Perth
Level 1, 10 Irwin St
Perth 6000
WA
Australia