Workplace Law Summit
Issues covered include: Discrimination, Bullying, Adverse Action, Defamation, Gig Economy, Unfair Dismissal, Termination, #MeToo , Workplace Conflict, Workplace Investigations, Manslaughter Laws, Critical Incidents, WorkSafe
Description
You will address all the important workplace law issues that you need to be on top of, in one day. Gain updates on discrimination, bullying and adverse action in light of jurisdictional considerations. Delve into defamation, the changing nature of work, unfair dismissal and termination, investigations and much more!
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
Session 1
Workplace Law Hot Topics
Chair: Herman Borenstein QC, List A Barristers; Leading Employment Law Senior Counsel, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Workplace Discrimination, Bullying and Adverse Action: Choice, Challenge and Critical Jurisdictional Considerations
- Threshold considerations
- Pitfalls and common mistakes
- Navigating overlapping jurisdictions
- ‘Forum shopping’
- Key considerations for applicants and respondents
- Defences, exceptions and limitations
Presented by Carol Andrades, Consultant, Gordon Legal; Senior Fellow, University of Melbourne Law School; Leading Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide 2019
9.50am to 10.35am: Defamation in the Workplace: Everyone has a ‘Reputation’! Does Everyone Have a Claim?
- Key terms and concepts
- An employee’s reputation: performance review, references and union membership
- An employer’s reputation: hiring process and questionable trade practices
- Is it worth suing? how damages are calculated
- Recent case law and practical illustrations of how defamation can arise in the workplace
Presented by Rob Jackson, Partner, Rigby Cooke Lawyers; Accredited Specialist in Workplace Relations; Recommended Employment Lawyer, Doyle’s Guide 2019; author, Post Employment Restraint of Trade, Federation Press
10.35am to 10.50am Morning Tea
10.50am to 11.35am: The Changing Nature of Work: Update on the Gig Economy
- What does Australia’s gig economy look like in 2020?
- To what extent is it regulated?
- Analysis of key decisions
- What might it look like in 2030?
Presented by Anthony Massaro, Principal, Russell Kennedy Lawyers; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2018
11.35am to 12.20pm: Unfair Dismissal and Termination Update
- A review of recent unfair dismissal and general protections decisions
- What is a termination claim worth?
- Emerging trends in the regulation of employee's out of hours conduct including on social media
- How is discrimination law being used in termination claims?
Presented by Nick Ruskin, Partner, K&L Gates; Leading Employment Lawyer (Employer Representation), Doyle’s Guide 2020; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2019
12.20pm to 1.05pm: How Businesses are Managing Challenges of #MeToo
- Properly defining sexual harassment: less obvious examples and red flags
- Know the current law(s): what employers must do to avoid being vicariously liable for the misdeeds of others
- Best practice training: how employers are implementing training that is engaging, tailored, practical and sensitive
- Best practice drafting: how employers are perfecting the content and style of their code of conduct, policies and procedures
- Best practice in leadership: modelling appropriate behaviours and fostering a compliance culture
- Managing the challenges in practice: workplace relationships and out of hours conduct
Presented by Michael Kay, Practice Leader, Employment and Safety, Wallmans Lawyers; Recommended Employment Lawyer (Employer Representation) Doyle’s Guide 2019; Best Lawyers 2019, Labour & Employment
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Managing Workplace Conflict, Incidents and Investigations
Chair: Michael Butler, Principal Lawyer, HR+WorkLaw
Professional Skills
2.00pm to 2.45pm: Effectively Managing Workplace Conflict
- Direct strategies for managing conflict
- Trends in employment claims arising from conflict at work
- Practical steps to resolve issues and mitigate legal risk
Presented by Erin Hawthorne, Partner, Seyfarth Shaw Australia; Recommended Employment Lawyer (Employer Representation), Doyle’s Guide 2019
2.45pm to 3.30pm: Effective and Fair Workplace Investigations
- Update on recent developments from case law
- A question of privilege: How can I ensure that legal privilege is maintained over the report?
- Tips and tricks for instructing external investigators
- To investigate or not to investigate? How to best advise your client from the outset
Presented by Melissa Scadden, Partner, Justitia Lawyers & Consultants
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: New Victorian Manslaughter Laws, Impact on Employers
Presented by Tony Lawrence, Partner, HWL Ebsworth Lawyers; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2019
4.30pm to 5.15pm: Managing Critical Incidents and WorkSafe: Tips and Traps for Employment Lawyers
- The incident scene: notification and to whom?
- Managing WorkSafe at the doorstep and broader communications
- Improvement notices/prohibition notices
- Handling a request from WorkSafe
- Protecting your information
- Investigation reports: the why, when and how
- The Model Act: key differences
Presented by Luke Connolly, Principal, Connolly Workplace Law
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
Directions