Keep up to date on recent significant case law and legislative reform and the impact of these on adverse action, workplace discrimination and bullying claims. Be guided through the best processes to avoid bullying claims and then to use the procedures in the Fair Work Commission to solve problems.
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
11.00am to 11.15am Break
Chair:
Kate Boomer, Barrister, George Street Chambers
9.00am to 10.00am Adverse Action Update Including the New Workplace Rights
- What is adverse action?
- What are workplace rights and the right to disconnect?
- The ‘because’ test
- The reverse onus of proof
- The role of the Fair Work Commission
- Recent cases
Presented by Sarah Ralph, Oceania Law Leader, Ernst & Young
10.00am to 11.00am Discrimination & General Protections
- Claims covered under claims under Part 3-1 of the Fair Work Act 2009 (Cth)
- Recent developments
- Evidentiary hurdles
- Damages & penalties
Presented by Penny Thew, Barrister, State Chambers
11.15am to 12.15pm Bullying Allegations & How to Avoid Them
- Procedures at the Fair Work Commission and how to use them to solve problems
- Assessment of claims to determine what is in fact bullying, and what is in fact discontent unjustly described as such
- Handling supervision so that it complies with the definition of “reasonable management action”
- Assessing risk of complaint or dispute from employees who object to being named in bullying complaints: avoiding “the reaction of the target eclipsing the complaint of the complainant”
- Structures in an organisation to make bullying complaints the last, not the first step for employees speaking up
Presented by Chris McArdle, Principal, McArdle Legal
Presenters
Penny Thew, Barrister, State Chambers
Penny Thew is a New South Wales barrister with over 15 years experience who is a part time Tribunal Member of the New South Wales Civil and Administrative Tribunal, Consumer and Commercial Division, and whose practice includes employment, industrial, discrimination and commercial law. Penny acts for corporate, government and individual clients across a range of industries in federal and state courts and tribunals and gives seminars and publishes papers on matters relating to employment and discrimination law. Before being called to the Bar in 2005, Penny worked for six years as a solicitor as well as with the International Labour Office in Geneva.
Kate Boomer, Barrister, George Street Chambers
Sarah Ralph, Oceania Law Leader, Ernst & Young
Sarah is a trusted adviser to her clients well known for her pragmatic and strategic advice. She advises in all areas of employment law including public sector employment, investigations, compliance and underpayments, discrimination and sexual harassment, executive employment and termination of employment. Sarah has a significant background in industrial relations including strategic planning, enterprise agreements and industrial disputes. Sarah also has an impressive record in employment litigation, successfully defending claims against employers in discrimination, general protection and unfair dismissal claims. Sarah has a Bachelor of laws and Master of Laws. She has previously worked in the manufacturing and government sectors and she brings her unique experience to the employment law advice she provides clients. Prior to joining EY she worked in a leading global law firm.
Chris McArdle, Principal, McArdle Legalx
Chris McArdle is one of approximately forty lawyers in New South Wales accredited by the Law Society of New South Wales as a specialist in Employment and Industrial Law. Chris has been in legal practice since 1988 and prior to that, served as a Commissioner of the Industrial Relations Commission of New South Wales. Chris acts for corporate and individual clients with a philosophy of preventing problems and increasing corporate efficiency. Chris has achieved a number of breakthroughs in the anti-discrimination, employment contracts and Registration of Agreements Jurisdictions. Chris is a regular presenter of seminar papers and has published several articles in both mainstream press and specialist journals.
