Terminating Employment: Dealing with the Legal Issues

With an increasing unemployment rate, a teetering economy and increased legislative requirements regarding terminating employment, now is the time to ensure that you have the best understanding of law, practice and procedure for your clients and your organisation.  You must understand employee rights, employer obligations, and compliance requirements. Gain a deep understanding of termination during business sales & restructures, during prolonged absences, for poor performance & misconduct. Gain insights into legal requirements for terminating both casual & fixed-term employment. Plus, review critical post-termination issues including restraint of trade and deductions all while you stay updated with the latest case law.

Thursday, 12 September 2024
Early Bird Discount ends 2 Aug 2024 $556.50
Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

Session 1: Terminating Employment


Chair: 
Meghann Noble, Head of Legal, Garvan Institute

9.00am to 10.00am Mergers & Acquisitions and Corporate Restructures: An Employment Law Perspective

 

  • Overview of various types of M&A transactions and associated employment law considerations
  • The M&A process: due diligence, sale/purchase documentation and W&I insurance
  • Corporate restructures and associated employment law considerations

Presented by Chris Hill, Principal (Australia), Onside Law

10.00am to 11.00am Managing Mental Health Issues in Termination Situations

 

  • Dealing with prolonged absence from work and medical incapacity
  • Duty of care

Presented by Joe Murphy, Director, Cowell Clarke Commercial Lawyers; Accredited Specialist in Employment Relations; Best Lawyers 2025, Labour, and Employment Law; Recommended Leading Employment Lawyer, Doyle’s Guide 2023

11.00am to 11.15am Morning Break
11.15am to 12.15pm Terminating for Poor Performance v Misconduct

 

  • What is misconduct?
  • What is serious misconduct?
  • The difference between termination for capacity or conduct
  • The difference between capacity and performance and the implications
  • How to deal with misconduct found after dismissal
  • What does the discount for misconduct mean?

Presented by Ian Latham, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2024

3.00pm to 4.00pm Deductions on Termination

 

  • Notice periods not given or overpayments
  • Study agreements
  • Repayment plans if employers don’t get their ROI

Presented by Deirdre McEvoy, Special Counsel, McArdle Legal; Accredited Specialist in Employment and Industrial Law

12.15pm to 1.15pm Terminating Casual and Fixed Term Employment

 

  • Casual or fixed term in name only?
  • Impacts on termination arising from Fair Work changes to fixed term employment
  • Termination processes for casual and fixed term employees
  • Disputes and legal claims

Presented by Andrea Motbey, Counsel – Employment, Ashurst

Session 2: Case Update and Post Termination Issues


Chair: 
Lisa Berton, Partner, Henry William Lawyers 

4.00pm to 4.15pm Afternoon Break
2.00pm to 3.00pm Restraints of Trade: Enforcement and Drafting

 

  • Identifying the interests to be protected
  • Drafting the right clause, with the right parties, at the right time
  • Of stable doors and bolting employees: practical steps when employees leave
  • Prospects for law reform: What happens if the US FTC ban on non-competes gets an Australian visa?

Presented by Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers

4.15pm to 5.15pm Recent Cases in Termination of Employment

 

  • Recent cases in unfair dismissal and general protections
  • Practical insights to be applied to termination of employment

Presented by Michael Byrnes, Partner, Swaab; Recommended Leading Employment Lawyer, Doyle’s Guide 2023

Presenters


Chris Hill, Principal (Australia), Onside Law
Chris has been an employment lawyer for over 10 years. Currently, Chris owns Stadium Legal, a boutique employment and commercial law firm. Chris directly advises large Australian and international companies and senior executives, and also regularly works with global law firm Allen & Overy as a consultant employment lawyer. Chris spent six years at Herbert Smith Freehills, practising mainly in employment law in one of Australia’s leading employment legal teams. Chris advised ASX listed Australian companies and international corporates across various industries including resources, financial services, pharmaceutical products, food and beverages, IT, agriculture, media and sports. Chris also worked in the firm’s Corporate/M&A and Disputes teams. More recently Chris has worked as an in-house employment lawyer at the Westpac Group and FOX SPORTS Australia (part of the News Corp group, also working with Foxtel, Foxtel Media and Kayo Sports). Chris has been listed by Doyles Guide Australia and regularly contributes to HRM Online and other publications. He volunteers for Kingsford Legal Centre and is a volunteer mentor for the Australian and New Zealand Sports Law Association (ANZSLA).


Joe Murphy, Director, Cowell Clarke Commercial Lawyers
Joe is an employment relations lawyer with over 20 years’ experience specialising in workplace relations at mid-tier and employer associations. Joe’s experience extends to providing advice and representation in matters across Australian tribunals and courts, including the Fair Work Commission and the Federal Courts of Australia. Joe has also represented clients in various inquests and commissions of inquiry, including in the Independent Commission Against Corruption and various State Coroner’s Inquests and Inquiries. Regular matters in which clients require Joe’s expertise, include redundancies, unfair dismissals, general protections (adverse action) claims, executive and complex dismissals and separations, discrimination claims, industrial disputes, managing long and short term injured workers, troublesome workers compensation claims, employee fraud, employee privacy and surveillance, investigations (including in connection with whistleblower complaints), and the defence of underpayment claims brought by employees, unions and the Fair Work Ombudsman. Joe has extensive experience assisting clients with disputation between employers and their employees (whether dealing with employees collectively or individually). Joe has spent the last 10 years working exclusively with businesses across a vast range of industries and sectors, including information technology, SaaS, retail, hospitality, transport, manufacturing, construction, social & community services, and financial services.


Andrea Motbey, Counsel – Employment, Ashurst


Lisa Berton, Partner, Henry William Lawyers


Angus Macinnis, Director of Dispute Resolution,StevensVuaran Lawyers
Angus Macinnis has a broad commercial practice with a focus on dispute resolution, and in particular, on employment and work health and safety law, and intellectual property law. He advises employers and employees on all aspects of employment law, from drafting contracts and employment policies, to advising on employment related disputes, to dealing with employment and safety regulators. He has a particular interest in the employment law aspects of social media use and has published in this area in publications including the Law Society Journal, The New Lawyer, and the Internet Law Bulletin.


Ian Latham, Barrister,Denman Chambers
Ian Latham is a barrister at Denman Chambers specialising in employment and industrial law, particularly in the area of civil penalty. He has appeared in many civil penalty cases particularly ABCC v Parker (No 1) and (No 2), BKH Contractors Case (No 1) and (No 2) and FWO v ZNZ, FWO v A-Z and FWO v Robit Nominees. He writes for the Lexis Fair Work Act Service and the Lexis Industrial Relations Act (NSW) Service.


Deirdre McEvoy, Special Counsel, McArdle Legal
Deirdre McEvoy is a senior associate with McArdle Legal and an accredited specialist in employment law. She was admitted as a barrister in Ireland in 2001 and as a solicitor in NSW in 2005. She practices exclusively in employment law.


Michael Byrnes, Partner,Swaab
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".


Meghann Noble, Head of Legal, Garvan Institute

249N19

Terminating Employment: Dealing with the Legal Issues

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All Sessions
Thursday, 12 September 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
Early Bird Discount ends 2 Aug 2024 $556.50
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Morning Session
Thursday, 12 September 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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Afternoon Session
Thursday, 12 September 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
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Online 20240722 20240912

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Venue
Cliftons - Spring Street

Level 3, 10 Spring Street, Sydney

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m

Bus Interchange - Clarence Street 450m

Parking Information

Parking not included in you 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