A practical update on whistleblowing, general protections and termination of employment, examining current legal claims, common employer pitfalls, and strategies to reduce psychosocial and adverse action risks. The update also covers recent developments under Part 3-1 of the Fair Work Act 2009 (Cth), including evidentiary issues, damages and penalties, and key High Court and unfair dismissal decisions affecting termination and redeployment obligations.
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
- Current state of play for legal claims
- Common pitfalls in responding to whistleblowing complaints
- Approaches to reducing risk
Presented by Shivchand Jhinku, Partner, Herbert Smith Freehills Kramer and Lisa Soo, Senior Associate, Herbert Smith Freehills Kramer
- Common general protections claims under Part 3-1 of the Fair Work Act 2009 (Cth)
- Recent developments
- Evidentiary hurdles
- Damages and penalties
Presented by Penny Thew, Barrister, State Chambers
- Redeployment obligations following the High Court decision in Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29
- Other Recent unfair dismissal cases of interest
- Common errors in unfair dismissal by employers
Presented by Michael Byrnes, Partner, Swaab
This seminar is part of a series
Employment Law Conference: Reforms, Strategies and Disputes
Join leading employment law experts for a comprehensive symposium examining the latest legal, regulatory and practical developments shaping Australian workplaces in 2026. From payroll compliance, enterprise bargaining and WHS enforcement trends to whistleblowing, discrimination, and termination risks. Packed with practical insights, case updates, and strategic guidance, this program will equip lawyers, HR professionals, and in-house counsel with the tools to manage risk, ensure compliance, and make confident, informed decisions in complex workplace scenarios.
- Redeployment obligations following the High Court decision in Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29
- Other Recent unfair dismissal cases of interest
- Common errors in unfair dismissal by employers
Presented by Michael Byrnes, Partner, Swaab
Enterprise bargaining continues to evolve under recent Fair Work Act amendments, changing union strategies, and the practical realities of the new intractable bargaining regime.
- Gain a legal and strategic update on the latest developments, cases, and Fair Work Commission approaches shaping enterprise agreements in 2026
Presented by Lucy Shanahan, Partner, Kingston Reid
Chair: Chris McArdle, Principal, McArdle Legal
- Common general protections claims under Part 3-1 of the Fair Work Act 2009 (Cth)
- Recent developments
- Evidentiary hurdles
- Damages and penalties
Presented by Penny Thew, Barrister, State Chambers
- Current state of play for legal claims
- Common pitfalls in responding to whistleblowing complaints
- Approaches to reducing risk
Presented by Shivchand Jhinku, Partner, Herbert Smith Freehills Kramer and Lisa Soo, Senior Associate, Herbert Smith Freehills Kramer
Attend and earn 7 CPD units Substantive Law
This program is applicable to practitioners from all States & Territories
- Paying employees correctly at the forefront: employer and third party liability; regulator and union focus
- Recent legislative and award changes
- Case law updates including the Woolworths & Coles litigation
- Contractual offset: where does it stand and where to from here?
- Other means of satisfying award provisions
- Common payroll “traps”
- Developing a compliance mindset - practical guidance for businesses
Presented by Alina Kaye, Principal, The Workplace
As the legal, regulatory and policy developments continue at pace, unpack some of the key challenges and lessons learned for employers navigating the new landscape.
Presented by Lucy Bochenek, Executive Counsel, Herbert Smith Freehills Kramer
Chair: Elizabeth Devine, Principal, Devine Law At Work; Accredited Specialist in Employment and Industrial Law
Work health and safety continues to be a key focus for employers and regulators alike.
- Explore the latest WHS developments and enforcement trends
- Gain practical insights into how organisations can meet their duties and strengthen safety culture in an increasingly complex regulatory environment
Presented by Zoe Bramley, Barrister, Maurice Byers Chambers
Presenters

Shivchand Jhinku, Partner, Herbert Smith Freehills Kramer
Shiv has over two decades of experience across a wide range of courts and tribunals in some of the most high-profile employment litigation in the last decade. Drawing on this experience, Shiv helps clients, primarily in the financial services, energy and resources and construction sectors to manage their relationships with employees to avoid common pitfalls. If a matter does become litigious, Shiv works with clients to put them in the best position to obtain a positive outcome. Shiv provides advice and guidance to clients throughout the employment lifecycle, from pre-employment, contractual negotiations, to performance management, termination and enforcement of post-employment obligations. Shiv is sought out for his expertise and thought leadership in Whistleblowing. He has helped numerous clients to establish Whistleblowing policy frameworks, as well as providing practical ways for Boards and management teams to meet their legal and commercial obligations.

Alina Kaye, Partner, The Workplace
Alina is an experienced employment and industrial law specialist, who has worked with clients across a range of industries including media, finance, education, telecommunications, retail and hospitality. Alina has previously worked in a boutique employment law practice and in the employment teams of large, national and international firms. Her clients praise her calm, considered and highly strategic approach to workplace issues. Alina is passionate about employment law and keeping on top of the constantly evolving legal and political space. She has also spent part of her career working as a Senior Writer for one of the world’s leading legal publishers Thomson Reuters. She prides herself on keeping up-to-date with the latest developments and assisting clients to proactively navigate these changes.

Lisa Soo, Senior Associate, Herbert Smith Freehills Kramer
Lisa provides commercial and strategic legal advice to private, ASX-listed and non-profit clients in a range of sectors, including financial services, health and technology. Lisa advises on both contentious and non-contentious employment law issues across all stages of the employment relationship, including employment aspects of corporate transactions, unfair dismissal, general protections, breach of contract, post-employment restraints and equal opportunity matters. Lisa has extensive experience in whistleblowing matters, including conducting investigations into complex and multijurisdictional whistleblowing complaints, development of whistleblowing processes and supporting materials, policy reviews and Eligible Recipient training.

Michael Byrnes, Partner, Swaab
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".

Zoe Bramley, Barrister, Maurice Byers Chambers
Zoe was called to the Bar in 2025 and accepts briefs to advise and appear in all areas. She has a particular interest in regulatory criminal law, and with 11 years’ experience as a solicitor both prosecuting and defending breaches of Work Health and Safety laws, has a comprehensive understanding of WHS regulatory frameworks and enforcement. Prior to coming to the Bar, Zoe was a Senior Associate at Seyfarth Shaw specialising in criminal defence. She also worked as a Principal Solicitor at SafeWork NSW and a solicitor in the criminal law team at the Crown Solicitors Office, and conducted a wide range of regulatory prosecutions, inquiries and inquests. Zoe has also worked in child protection and has represented victims of domestic and family violence in the Bush Circuit Courts across the Northern Territory. Zoe holds a Bachelor of Laws (Hons) and a Bachelor of Arts from the University of Sydney.

Penny Thew, Barrister, State Chambers
With over 25 years’ experience in advocacy, advising and dispute resolution, Penny is recognised by Legal 500 and Doyle’s Guide as leading in her areas of expertise, including all aspects of employment and discrimination law. Further details about Penny’s experience can be viewed here: https://statechambers.net/penny-thew/

Elizabeth Devine, Principal, Devine Law At Work
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.
Lucy Shanahan, Partner, Kingston Reid
Lucy helps clients create a better future for their businesses by helping them successfully navigate their most difficult and complex employee issues and industrial challenges. She is an experienced investigator and is regularly engaged to facilitate and report on complex and sensitive employment-related investigations. A highly experienced litigator, Lucy assists clients on a range of contentious employment and industrial relations issues. These include applications relating to bargaining and industrial action, unfair dismissal and bullying claims, actions by senior executives, and post-employment restraint matters. She has appeared in the Federal Circuit Court and Federal Court in multiple adverse action and harassment claims. Clients value Lucy’s intrinsic ability to contemplate a myriad of strategic legal issues whilst guiding them through the day-to-day employment matters that come with running often complex, multi-faceted businesses with many employees in multiple jurisdictions. She takes pride in building exceptional relationships with her clients, and knowing them and their businesses inside and out. Her advice is practical, timely and concise, and reflects her deep expertise as well as her focus on remaining on top of legislative and regulatory changes that may affect her clients. Her successful practice is focused on the financial services, government, electricity, retail, transport and health industries. Lucy is highly regarded for her strong communication skills and engaging presentation style. She has extensive experience as a trainer and presenter and is often called upon to help train, inform and educate at client and industry forums.
Chris McArdle, Principal, McArdle Legal
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.
Lucy Bochenek, Executive Counsel, Herbert Smith Freehills Kramer
Lucy is a work health and safety law expert who specialises in strategic, regulatory and risk management issues across a range of sectors including energy and resources, construction, manufacturing, property and transport. Lucy has significant experience acting as defence counsel in workplace health and safety prosecutions and representing parties in Coronial Inquests and Inquiries. She has expertise in incident response, conducting incident investigations, compliance audits, drafting workplace health and safety policies, drafting and review of contractual clauses and is renowned for her innovative training sessions for her clients and industry forums.
View series listing