Workplace Sexual Harassment: Practical Guide to Compliance

New laws require employers to prevent workplace harm, including sexual harassment, a recognised psychosocial hazard. As a director & senior executive manager, are you aware of your personal and vicarious liability under these reforms? Are you sure your practices aligned with the Australian Human Rights Commission (AHRC) code? Learn with real-life examples and insights on mistakes happening even in top workplaces. Don’t be caught unprepared.

Thursday, 22 August 2024
Description

Attend and earn 2 CPD units including:
1 unit in Professional Skills
1 unit in Practice Management and Business Skills

This program is applicable to practitioners from all States & Territories

Practice Management and Business Skills
12.00pm to 1.00pm Who is Responsible? The Role of Directors and Senior Managers in Addressing Sexual Harassment

 

  • How directors and senior managers can influence the culture, including their responsibilities
  • Personal liability of directors and senior management for sexual harassment
  • Vicarious liability: What does this mean for the company and individuals?
  • Potential exposure: how the courts are dealing with these types of claims
  • What’s on the horizon - including the impact of the Australian Human Rights Commission Amendment (Cost Protection) Bill and confidentiality agreements

Presented by Erin Lynch, Partner, and Emma Anderson, Special Counsel, Gadens

Professional Skills
1.00pm to 2.00pm Meeting Your ‘Positive Duty’ Obligation in Practice


Gain a practical guide for employers to use, with real life examples and scenarios, to ensure compliance with the Sex Discrimination Act and your “positive duty” to prevent & respond to workplace sexual harassment, discrimination, and victimisation.

  • What practices and processes should be implemented throughout the organisation
  • Mistakes and common failings made by Senior Managers in processes and procedures
  • How to respond to a sexual harassment complaint
    • Impact of the reforms on conducting investigations
    • Common tips and traps
  • Scenarios and examples to learn from

Presented by Gemma Sharp, Special Counsel, Cooper Grace Ward Lawyers

Chair

Emma Treherne, In-house/Senior Legal and Compliance Manager, Isuzu UTE Australia Pty Ltd

Presenters


Emma Treherne, In-house/Senior Legal and Compliance Manager, Isuzu UTE Australia Pty Ltd
Emma Treherne was admitted as a solicitor to the Supreme Court of Queensland in 2011 but has been working in the field of employment law since 2007.  Emma states she ‘fell into’ employment law as a student at the University of Queensland, working in the State Government responsible to various public stakeholders for information on wages and working conditions.  Emma commenced advocacy in the Fair Work Commission and the State and Federal discrimination commissions soon thereafter. Emma has represented many employees and employers across different industries and in both the private and public sectors in sexual harassment, discrimination and dismissal-related applications and complaints.  Emma has diverse experience across many areas of employment law, from drafting employment contracts and policies to individual case management, modern award compliance, restructuring and terminations of employment, work health and safety and worker’s compensation and has worked in private practice, a community organisation, employer associations, companies and for the government. Emma has also worked as an industrial officer in the Republic of Ireland, representing primary school teachers across the country. In the past 6 years, Emma has broadened her practice to develop generalist experience in the fields of administrative law, family law, commercial law, and more recently competition and consumer law, property law, privacy law, corporate law and building and construction law.  For just over two years, Emma has been working as an in-house counsel for Isuzu UTE Australia Pty Ltd, an Australian vehicle distributor.  In this position, Emma’s principal practice areas are employment law, privacy law and commercial law and any other practice areas which aid improvements in corporate governance and compliance of the Company.  Working in the field of compliance has required Emma to not just advise on legal matters but also to educate the Company and build compliance systems and programs consider legal risk along with factoring in reputational and commercial risks.


Erin Lynch, Partner, Gadens
Erin has over 14 years’ experience in employment and workplace relations. Erin advises employers on all matters relating to the workplace, including enterprise agreements, bullying, investigations into inappropriate conduct, industrial disputes and performance management. Erin has experience across a range of industries and is able to assist employers in litigious and non-litigious matters. If a matter proceeds to litigation, Erin represents employers in State and Federal tribunals and Courts, including in post-employment restraint matters, general protections, discrimination and unfair dismissal claims. Erin works with clients in a proactive manner, including by delivering training and assisting with cultural and workplace change. Erin holds a Bachelor of Arts and Bachelor of Law from the University Of Wollongong and since 2018 has been teaching Law of Employment and Labour Regulation at the University of Wollongong. In 2014, Erin completed the Key Executives Program at Harvard Business School and was awarded one of the top 30 lawyers under 30 by Lawyers Weekly in employment and workplace safety.


Emma Anderson, Special Counsel, Gadens
Emma is a Special Counsel in the Workplace Advisory and Disputes team at Gadens. Emma has over 10 years’ experience providing employment, industrial relations and discrimination law advice to employers and employee. Emma has broad experience advising on all areas of employment and discrimination law, including sexual harassment, workplace investigations, workplace policies, wage compliance and litigation. Emma has worked in private practice, in-house in a major construction company, as well as in the community legal sector. Emma works across a diverse range of industries including financial services, construction and infrastructure, higher education and technology.


Gemma Sharp, Special Counsel, Cooper Grace Ward Lawyers
As a special counsel in Cooper Grace Ward’s workplace relations and safety team, Gemma brings over 10 years’ experience providing advice on employment, industrial discrimination, and health and safety matters. Gemma advises a range of clients across various industries, including retail, finance, early childhood and education, transport, and religious organisations on issues such as: compliance and duties under workplace health and safety legislation; unlawful discrimination and sexual harassment; the operation of employment contracts and restraint of trade provisions; independent contractor and employee distinctions; award and enterprise agreement applicability and provisions; dismissal risks and strategies; management of ill and injured employees; workers’ compensation claims; and general protections claims. In the past 12 months, Gemma has provided clients with a wide range of advice on legal issues arising from the COVID-19 pandemic, particularly in relation to its ongoing impacts for employers.




This seminar is part of a series

In-House 10 Points Lunchtime Essentials Series

Attend this lunchtime series designed specifically for In-House Counsel to gain an update on the latest legal and commercial issues and risks impacting governance and In-House Counsel each day. Learn practical tips on how to deal with sexual harassment in a 2 hour session to kick off the series. Hear key takeaways for IP, consumer law, advertising, and marketing law, how to tackle the ‘S’ in ESG, make sure your business is ready for legislative changes in employment law and that you understand how to create and protect legal professional privilege in your role. Ensure that you understand the UCT provisions and hear some practical guidance regarding these, gain a timely update on cyber risk and cyber insurance as well as on risks and indemnities included in contracts. Hear practical tips on how to manage working with external counsel and internal stakeholders and steps you can implement to reduce the risk of accusations of greenwashing.

Description

Attend the full series and earn 10 CPD units including:
8 units in Substantive Law
1 unit in Professional Skills
1 unit in Practice Management and Business Skills

This program is applicable to practitioners from all States & Territories


If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

 

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Workplace Sexual Harassment: Practical Guide to Compliance

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Single Session
Thursday, 22 August 2024
12.00pm to 2.00pm Australia/Sydney
CPD Points 2
$305.00
Online 20241122 20240822

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On Demand 20241122 20240822

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