Whether you are new to employment law or advising in-house, this fundamentals program will set you up to avoid the risks of termination and adverse action. Every stage of the employment termination process carries legal risk. Equip yourself with the knowledge, skills and strategies needed to confidently navigate termination decisions and adverse action claims, and minimise exposure to costly disputes for you or your clients. Learn to respond effectively when claims arise. You will gain valuable insight, common pitfalls and potential outcomes that careful steps can avoid.
- Procedural fairness
- considerations for SMBC and Award covered employers
- The difference between procedural fairness obligations performance and misconduct
- Looking at Robert McLean v Reserve Bank of Australia [2024] FWC 2269 and what the Commission had to say about procedural fairness when considering PIPs
- Is procedural fairness required for SMC?
- Valid reason
- Determining the proper reason for the dismissal and what that means
- Conduct and Capacity considerations
- Is the reason sound, defensible and well founded?
- What factors will the Commission consider in determining whether the dismissal was harsh, unjust or unreasonable
Presented by Grazia Guida, Principal Lawyer, Grazia Legal
- What is unfair dismissal? Understand the legal meaning of unfair dismissal and the workplace rights and protections available to employees
- What constitutes an unfair dismissal? Explore the factors considered in determining whether a dismissal was harsh, unjust or unreasonable
- How can an employee challenge a dismissal they believe is unfair? Learn about the steps to take, time limits that apply, and avenues available to challenge a dismissal
- What outcomes are possible? Examine the remedies that may be available, including reinstatement, compensation and negotiated settlements
Presented by Aaron Stewart, Legal Practice Director, AKS Law
- Identifying ‘decision-makers’ in relation to particular adverse action
- Particular decision scenarios, which are typical to organisions faced with adverse action allegations
- Evidentiary issues, bearing upon questions arising from sections 539, 545, 546 FairWork Act
Presented by Tim Donaghey, Barrister, Aickin Chambers
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Aaron Stewart, Legal Practice Director, AKS LawAaron is a litigation lawyer with extensive experience across commercial, civil, employment, and criminal law. Admitted to practise in the Supreme Court of Queensland and the High Court of Australia, he represents clients in complex disputes involving business and contractual matters, workplace and discrimination claims, property and leasing disputes, debt recovery and disciplinary proceedings. Known for his strategic and results-focused approach, Aaron has successfully resolved high-stakes disputes through both negotiation and litigation. He regularly appears in State and Federal courts and has achieved favourable outcomes in matters before the Federal Court of Australia, the Supreme, District and Magistrates’ Courts of Queensland, as well as tribunals and commissions including QCAT, the Australian Human Rights Commission and the Queensland Human Rights Commission. Aaron also has significant criminal law experience, representing clients in a broad range of matters, including fraud, serious violent offences, domestic violence-related charges, drug offences, theft, and weapons matters. Committed to delivering clear, practical advice, Aaron helps clients navigate complex legal challenges with confidence. He is an active member of the Queensland Law Society, Australian Lawyers for Human Rights, the Industrial Relations Society of Queensland, and the Law Society of the University of Southern Queensland.
Tim Donaghey, Barrister, Aickin Chambers
Tim is a leading industrial relations and employment law barrister with extensive experience advising on matters such as employment and contractor agreements, awards, general protections, industrial action, injunctive relief and commercial proceedings related to workplace law. He has a national practice and is a member of both the Victorian and New South Wales Bars. Tim holds a Bachelor of Laws from the University of Melbourne. Before being called to the bar in 2002, Tim practised as a solicitor in employment law and industrial relations. He also provided legal counsel for the Australian Hotel Association in Canberra. Tim authored ‘Termination of Employment’ published by LexisNexis in 2006. The second edition was published in 2013 and discusses the current Commonwealth industrial relations and employment regime and expands analysis to reflect the extent to which court litigation involving employers and employees has become more commonplace. Tim has also co-authored a further legal text, ‘General Protections under the Fair Work Act’ published by LexisNexis in 2019. This is the first legal text dedicated to the General Protections regime in Part 3-1 of the Fair Work Act.
Grazia Guida, Principal Lawyer, Grazia Legal
Grazia was admitted to the legal profession in February 2018, following 10 years of working in family business. During this time, she developed her skills in human resources, business management and leadership. She has degrees in Law and Business and a Master of Laws – Employment Law. She brings an energetic, detail-oriented approach to her practice. With an amiable style, she works closely with her clients to achieve the best outcomes. Her pragmatic and solution focused approach in business has led to the cultivation of strong relationships with both clients and colleagues and the proud establishment of her own firm, Grazia Legal in 2022. She is best described by her colleagues as being “born for a barney”. While she's always up to the challenge, she prides herself on being a solution focused lawyer. Where there is a dispute to be had, she is passionate and determined to achieve the best result for her clients and realistic about what the best result means for them on all fronts. Her main areas of practice are education, employment and workplace relations, wills and estates, guardianship and administration and commercial litigation. Whatever the task at hand, her greatest passion is helping clients to resolve disputes in circumstances that are complex and emotionally taxing.