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. Plus, get insights and valuable tips on how best to run a workplace investigation. 243N33

Wednesday, 20 March 2024
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: Andrew Gotting, PG Hely Chambers; Leading  Employment Law Junior Counsel, Doyle’s Guide 2023

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

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 Anton Duc, Barrister, State Chambers
Prepared 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

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
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

Chair

John Fernon SC, PG Hely Chambers; Recommended Employment Law Senior Counsel, Doyle’s Guide 2024

Presenters


Amber Sharp, Partner, McCullough Robertson
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, Principal, Devine Law at Work
Elizabeth Devine is an Accredited Specialist in Employment and Industrial Law. She is founded Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management in 2002. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 32 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 27 years. Devine Law at Work provides services to employers in the public and private sectors and in a broad range of industries. Elizabeth’s approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigation. These services focus on prevention and minimisation of risk, transformation of workplace issues into learning opportunities and long-term solutions and the enhancement of expertise within the workplace, including the professional development of leaders, managers and internal advisers. Elizabeth is passionate about enhancing the knowledge of others about workplace law. In recognition of her significant expertise in employment law and conflict management, Elizabeth has presented at employment law conferences and seminars in Australia on a regular basis for more than 20 years.


Mr. Anton Duc, Barrister,
Anton was called to the bar in April 2015. He has a broad practice with a particular focus in employment and family law. Since being called to the bar, Anton has represented a wide variety of clients from corporations and individuals and not for profits. He has appeared in the Federal Court and Family Court (and Circuit Court), Supreme Court of NSW, District Court, Local Court and State and Federal Tribunals, such as the Fair Work Commission. Given his experience over nearly two decades, Anton is able to approach and conduct his matters with a strategic focus and having regard to the legal and commercial interests and objectives of the client. He is also able to work flexibly with solicitors and on direct access matters, including in relation to the preparation of pleadings and evidence. He has also acted in a wide variety of other matters including crime, property, equity and negligence. Anton has also developed strong professional working relationships with solicitors and clients to provide cost effective, pro-active and well communicated legal advice.


John Fernon SC, PG Hely Chambers
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.


Alina Kaye, Partner, The Workplace Employment Lawyers
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.


Mr Andrew Gotting, Barrister,
Andrew is a commercial barrister specialising in employment and industrial law. He is regularly briefed in litigation in the Federal Court of Australia and the Supreme Court of New South Wales. He is also regularly briefed in litigation in the Federal Circuit Court of Australia, the District Court of New South Wales, the Fair Work Commission and the Industrial Relations Commission of New South Wales. He has appeared in a number of inquiries and inquests. Andrew is regularly engaged to advise both in written form and in conference as well as being regularly briefed to act as a mediator of employment disputes. He has acted in private arbitrations of employment disputes. He has acted in a number of large, complex and long running employment and industrial disputes. Andrew appears both at first instance and on appeal and appears both led and unled. He has considerable experience in disputes relating to employment contracts, including entitlements and termination. In addition Andrew has considerable experience in disputes relating to restraints of trade in employment, partnership and franchise contexts. He also has extensive experience in disputes relating to unfair dismissals, adverse action, public sector appeals, award and enterprise agreement entitlements, industrial action and rights of entry. He has considerable experience in occupational health and safety defences as well as judicial review applications. Andrew has acted mainly for employers and governments but undertakes work for employees regularly. He has been recognised continually in the Doyles Guide for his work in New South Wales and nationally, along with peer recognition in the AFR Best Lawyers in Australia. He has taught Conflicts of Law in the undergraduate program at the University of Technology, Sydney. Andrew is a member of the Industrial Law Committee of the Law Council of Australia and a member of the Rules and Bench Books Committee of the Fair Work Commission.


Ms. Bronwyn Byrnes, Barrister, Sixth Floor St James' Hall Chambers
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.


Shivchand Jhinku, Partner, Herbert Smith Freehills
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.


Alice DeBoos, Managing Partner, Kingston Reid
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.


Lucienne Gleeson, Partner, Baker & McKenzie
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.

243N33

Employment Law Symposium

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DELIVERY MODE BELOW

All Sessions
Wednesday, 20 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
Face to Face 20240624 20240320

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Morning Session
Wednesday, 20 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
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Afternoon Session
Wednesday, 20 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St -  Click here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates