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Termination of Employment Fundamentals: Avoiding the Risks

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.

Tuesday, 15 September 2026
2.00pm to 3.00pm Considerations for Employers when Terminating Employees
  • 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

3.00pm to 4.00pm 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; Doyle’s Guide Recommended Leading Employment Lawyer (Employer Representation) – NSW, 2026; Recognised by Best Lawyers - Occupational Health and Safety Law 2026 and Labour and Employment Law 2027

4.15pm to 5.15pm General Protections: Decision-makers and Questions of Evidence
  • 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 Elizabeth Devine, Principal Solicitor and Workplace Relations Consultant,, Devine Law at Work: Accredited Specialist in Employment and Industrial Law

Description

Attend and earn 3 CPD units in Substantive Law 
This program is applicable to practitioners from all States & Territories

4.00pm to 4.15pm Afternoon Break

Presenters

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.


Elizabeth Devine, Principal Solicitor and Workplace Relations Consultant, Devine Law
Elizabeth Devine is a specialist in employment law and conflict management. Elizabeth is the Founder of Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management. Elizabeth is an Accredited Specialist in Employment and Industrial Law. Her other qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 35 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 30 years. Prior to founding her own firm, Elizabeth worked for the Australian Government Solicitor, in a peak employer body and in private practice. Elizabeth provides services to employers in the public and private sectors and in a broad range of industries. Her approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigations. 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 and conflict management and has regularly presented to Legalwise Seminars’ events for more than 20 years.


Grazia Guida, Principal Lawyer, Grazia Legal
Grazia was admitted to the legal profession in February 2018 and holds a Master of Laws – Employment Law. Grazia has experience representing both employers and employees interchangeable across many employment law matters. Her practice varies from advising employers about how to manage difficult employment scenarios,  and employees about their workplace rights to representing clients in all employment disputes including general protections and unfair dismissal claims, breach of contract claims, incentive bonus disputes, restraint and non-solicitation disputes. Grazia is the principal lawyer of Grazia Legal, a firm she founded on September 2022. Grazia's firm offers legal services for employment, education, litigation, wills & estates, regulatory and compliance, conveyancing and business/general commercial matters.

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Termination of Employment Fundamentals: Avoiding the Risks

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Single Session
Tuesday, 15 September 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
Online 20260904 20260915

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