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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
3.00pm to 4.00pm Considerations for Employers when Terminating Employees

Considerations for employers regarding valid reasons and procedural fairness, including the harshness of terminations.

Presented by Grazia Guida, Principal Lawyer, Grazia Legal

2.00pm to 3.00pm Understanding Unfair Dismissal
  • 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

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 Tim Donaghey, Barrister, Aickin Chambers

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

Aaron Stewart, Legal Practice Director, AKS Law
Aaron brings a distinguished record of success in commercial litigation, civil litigation, employment litigation, and crime litigation, based in our Brisbane office. With admissions to practise in both the Supreme Court of Queensland and the High Court of Australia, Aaron has consistently achieved exceptional outcomes for clients across a wide range of legal matters, including complex business disputes, employment law challenges, discrimination claims, workplace disciplinary matters, leasing and property disputes, debt recovery, and intricate contractual disagreements. Throughout his career, Aaron’s cultivated a reputation for resolving even the most contentious and high-stakes disputes with a focus on delivering favourable results, whether through strategic negotiation or robust litigation. Aaron prioritises providing clear, insightful legal guidance at every stage, ensuring clients are well-prepared and empowered. His approach emphasises efficiency and precision, leveraging deep understanding of both State and Federal jurisdictions, as well as the intricacies of Commissions, Tribunals, mediations, and conciliations. Aaron's track record includes prevailing against leading national law firms in high-profile matters before the Federal Court of Australia, as well as the Supreme, District, and Magistrates' Courts of Queensland. He has also successfully represented clients in cases before the Australian Human Rights Commission, Queensland Human Rights Commission, and the Queensland Civil and Administrative Tribunal. Aaron is committed to leveraging his extensive legal expertise to resolve challenging legal disputes with precision and poise. He is an active member of prestigious professional organisations, including 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, underscoring his dedication to advancing the legal profession and maintaining the highest standards of excellence. Aaron has represented clients in both state and federal courts in highly contentious criminal matters, consistently achieving excellent outcomes. He has represented clients in a diverse range of criminal matters, including serious fraud, serious sexual and violent crime, breaches of domestic violence orders, theft, drug trafficking and possession, and weapons-related charges.

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.

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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 20260721 20260915

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