An AI-generated claim. A contested workplace investigation. A settlement that turns on more than the dollar figure. These are the moments when knowing the law is only the starting point. The Employment Law Conference 2027 examines the issues that test your judgment and the practical choices involved in advising clients and resolving disputes. Consider the right to disconnect claims, proposed privacy reforms and its impact on workplace law and how AI is changing both how you work and the claims coming through the door. Examine the ethical challenges of whistleblowing and workplace investigations, and practical approaches to self-represented opponents and settlement negotiations. Bringing together barristers and senior employment law specialists, connect current and emerging workplace law claims and challenges with the work of running a practice, meeting professional obligations and strengthening your professional skills.
- The scope of the Right to Disconnect
- The right to Disconnect in Practice
- Case law on the Right to Disconnect (and consideration of the lack thereof)
Presented by Michael Byrnes, Partner, Swaab; Recommended Lawyer Doyle's Guide; Co-author, Annotated Fair Work Act & Related Legislation and Fair Work: A user-friendly guide
- Handling Whistleblowing Disclosures
- Protecting Anonymity & Preventing Retaliation
- Lawyer or Investigator – understanding your role
Presented by Elizabeth Ticehurst, Principal, Activate Law; Accredited Specialist in Employment and Industrial Law; Author, The Whistleblowing Program Handbook
Chair: Raymond Moore, Barrister, Frederick Jordan Chambers
- Current privacy position as it stands today: employee records, collection and management of employee personal information, workplace surveillance measures
- Recent privacy reforms, particularly the potential employment law amendments in the Privacy Amendment (Personal Data Protection) Bill 2026
- Responding to employee access requests and their use in employment disputes: what Australia might learn from the EU and UK's experience under the GDPR
Presented by Shivchand Jhinku, Partner; Recommended Employment Lawyer (Employer Representation) 2026, Doyle's Guide and Olive Brown, Senior Associate, Herbert Smith Freehills Kramer
Attend and earn 7 CPD units including:
4 units in Substantive
1 unit in Practice Management & Business Skills
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
- Navigating procedural fairness and professional obligations when dealing with self-represented parties
- The rise of AI-assisted litigants in the Fair Work Commission and the challenges of AI-generated claims, submissions and evidence
- Responding to unreliable or fabricated AI-generated material while maintaining duties to the court and the administration of justice
- Emerging issues around privilege, confidentiality, costs and the use of AI in employment proceedings
Presented by Ian Latham, Barrister, Denman Chambers; Leading Employment Law Junior Counsel 2026, Doyle's Guide
Presented by Michael Starkey, Partner, Baker McKenzie
Employment settlement negotiations require lawyers and workplace professionals to balance legal risk, commercial considerations and human dynamics, often under time pressure and with competing stakeholder interests. This session will explore practical strategies for preparing for and conducting settlement discussions, managing challenging negotiations, and securing durable outcomes that protect a party’s interests while minimising the risk of future disputes.
- Preparing for success: strategy, risk assessment and settlement objectives
- Influencing outcomes and managing difficult conversations
- Key settlement terms, beyond the dollar figure
- Common pitfalls with settlement agreements and post-settlement disputes
Presented by Nicola McMahon, Partner, McCullough Robertson
Chair: Andrew Wilson, Barrister, State Chambers
- Give a short run down on the case law which dealt with ‘political opinion’ and its protection prior to these two cases (of which there was a dearth)
- Compare the two cases (which were, at least on the face of it, quite similar)
- Analyse the outer limits of the protection of political opinion provided for by the FW Act in light of these decisions
- Provide some practical tips for pleading and running 'political opinion' in general protections/unlawful termination cases
Presented by Bella Gooch, Barrister, 6 St James Hall
Presenters
Elizabeth Ticehurst, Principal, Activate LawElizabeth is an accredited specialist in Employment and Industrial Law and an expert in the emerging area of whistleblowing. After two decades working in private practice in Australia and the Asia Pacific region, Elizabeth opened her own firm, Activate Workplace Law, which specialises in employment and workplace matters. Elizabeth is a sought-after speaker and trainer and regularly presents at conferences and seminars. In 2020 Elizabeth published “The Whistleblowing Program Handbook” – a guide to Australian whistleblowing law and practice. She now focuses on helping clients to manage their workforce in an increasingly complex regulatory landscape.

Andrew Wilson, Barrister, State Chambers
Andrew maintains a broad practice that focuses on the principal areas of commercial law, employment law, and criminal and regulatory law. Andrew brings with him over 25 years’ experience across law, government and industrial relations. He was called to the Bar in 2020 after having been admitted as a solicitor in 2007. As a solicitor he worked in both private and government practice, and as an advisor to the Attorney General of New South Wales. Andrew’s commercial practice spans disputes relating to general commercial matters, building and construction, consumer law, technology, commercial equity, and corporations law and insolvency. His employment practice includes both the individual and collective aspects of employment law, as well as work health and safety. Andrew’s criminal and regulatory practice extends to advising and appearing in matters relating to general crime, professional discipline, firearms and occupational licencing, working with children matters, and heavy vehicle prosecutions. Andrew holds a Master of Laws, a Bachelor of Laws, and a Bachelor of Commerce. Andrew is a member of various professional associations. In addition to his litigation and advisory practice, he acts as a Mediator in commercial and employment disputes.

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.

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".

Nicola McMahon, Partner, McCullough Robertson
Nicola McMahon is a specialist employment relations and safety lawyer, having practised in this area for over twelve years. Nicola acts for clients across the full spectrum of employment relations matters. She advises on issues ranging from recruitment to termination of employment, managing employee performance and discipline issues, advising on the interpretation of modern awards and enterprise agreements and assisting with industrial issues, including the negotiation and approval of enterprise agreement. Alongside providing advice to clients, Nicola regularly conducts litigation for clients, defending unfair dismissal, adverse action and discrimination claims, and bringing and defending restraint of trade claims in the High Court.

Ian Latham, Barrister, Denman Chambers
Ian Latham is a barrister at Denman Chambers specialising in employment and industrial law, particularly in the area of civil penalty. He has appeared in many civil penalty cases particularly ABCC v Parker (No 1) and (No 2), BKH Contractors Case (No 1) and (No 2) and FWO v ZNZ, FWO v A-Z and FWO v Robit Nominees. He writes for the Lexis Fair Work Act Service and the Lexis Industrial Relations Act (NSW) Service.
Olive Brown, Senior Associate, Herbert Smith Freehills Kramer
Olive is a senior associate in the employment, industrial relations, and safety team, based in our Sydney office. Olive has experience advising a range of clients on contentious and non-contentious aspects of the employment relationship. Olive has global experience and joins the Firm from London where she was an employment associate at a FTSE listed global financial services company. With this background, Olive’s practice focuses on advising multi-national companies, particularly listed corporates or those regulated by other bodies, on all aspects of the employment relationship. Olive also has experience advising on a variety of employment litigation matters including claims for discrimination, breach of contract, unfair dismissal and whistleblowing. She has represented clients in the New Zealand Employment Court, High Court and Court of Appeal, and has advised on matters before the Central London Employment Tribunal.
Michael Starkey, Partner, Baker McKenzie
Michael is a partner in the Employment & Compensation Team in Sydney. He has over a decade of experience practising exclusively in labour and employment law. Michael's relationships with his clients are founded on his genuine, direct and honest approach. He prioritises responsiveness and a high level of service. He provides pragmatic advice to help clients develop solutions that manage risk without unnecessarily delaying business decisions. Michael's work spans transactional, litigious and advisory matters across all areas of labour of employment. He has particular expertise in the employment aspects of M&A and restructures, employment contracts and contractual disputes, executive level employment issues, cross-jurisdictional employment matters, and termination-related litigation (including advocacy). Michael has experience across a broad range of industries, including professional services, finance, energy, media, and retail, but his particular emphasis is working with clients in the tech industry, which he values for its innovation, agility, and continual transformation. Michael frequently advises US-based tech companies on establishing employment operations in Australia. Michael also conducts client education in key areas, including Respect@Work and practical training for people managers.
Raymond Moore, Barrister, Frederick Jordan Chambers
Raymond specialises within the areas of employment and industrial law and workplace relations, including workplace health and safety and is briefed to advise and appear at both first instance and on appeal for both employee and employer clients within the public and private sectors at the State (NSW) and Federal level. The nature of the Matters in which he is briefed include industrial and workplace disputes; work, health and safety prosecutions; unfair and unlawful dismissal proceedings; discrimination and disciplinary proceedings and common law of employment matters. Related areas include restraints of trade and other restrictive covenants, and associated commercial disputes involving the performance of work by one or more of the parties, whether as an employer, employee or otherwise. Prior to being called to the Bar, Raymond worked for approximately 10 years in a range of managerial positions in industrial relations, employee relations, personnel and human resources management, initially within the downstream oil industry and thereafter in building and construction progressing to senior management. Raymond was in these positions required to manage staff, advise at the Board level and in addition perform a key role in representing his then employer’s interests in both negotiations with unions and others at the workplace and industry level and as required before the relevant industrial tribunals. Raymond holds a Bachelor of Laws and Bachelor of Commerce (with Honours) majoring in Industrial Relations from the University of New South Wales and has previously lectured on a part-time basis at the University of Technology, Sydney.
Bella Gooch, Barrister, 6 St James Hall
Bella accepts briefs in all areas of law, with a particular interest in employment law, industrial relations, and anti-discrimination law. She advises and appears, both led and unled, in all courts and tribunals, including the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the Fair Work Commission, and the Industrial Relations Commission of New South Wales. Bella accepts briefs from employers, employees, unions, and government clients across the full range of workplace matters. Bella also has extensive experience in criminal law and accepts briefs to advise and appear in trials, sentencing proceedings, appeals and interlocutory and other hearings, including applications under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Before being called to the Bar, Bella practised as a solicitor at a leading boutique law firm and served as an Associate in the District Court of New South Wales. She holds a Bachelor of Arts and Bachelor of Laws from the University of Sydney and is currently completing a Master of Laws at the University of Melbourne, with a focus on labour law.