Workplace Law Reforms

Walk away with the practical implications of new laws, key developments and damages trends in workplace law. Unpack the latest and most significant challenges around collective bargaining, contract drafting, performance matters and unfair dismissal issues in the Fair Work Commission. Enhance your best practices understanding of new bullying and harassment legislation, examine mitigation options of recent trends in damages claims and psychosocial risks in the workplace. 

Tuesday, 20 June 2023
Session 2: A Practical Guide to Bullying and Harassment and Recent Trends in Claims

Chair: Ben Fogarty, Barrister, Black Chambers

4.15pm to 5.15pm Psychosocial Hazards in the Workplace: A Damages Perspective

 

  • Statutory Obligations v Common Law Duty of Care
  • Compensation v Damages
  • Trends in damages claims
  • Latest cases

Presented by Glenn Fredericks, Barrister, State Chambers 

3.00pm to 4.00pm Current Trends in Damages Claims for Sexual Harassment and Bullying

 

  • Examine the continuing increasing trend in awards of general damages since the Full Federal Court decision of Richardson v Oracle and the recent Respect@Work legislative developments
  • Consider the impacts of courts’ and tribunals’ willingness to award aggravated damages where conduct has heightened the injury suffered by the complainant
  • Analyse recent general protection cases where adverse action is taken against an employee because of bullying complaints

Presented by Megan Prouatt, Senior Associate, Johnson Winter Slattery

Session 1: Practical Implications of the New Laws and Key Development

Chair: Dilan Mahendra, Barrister, Quay Chambers; Preeminent Employment Law Junior Counsel, Doyle’s Guide 2022

2.00pm to 3.00pm Sexual Harassment under the Fair Work Act 2009 and Sexual Discrimination Act 1984

 

  • Clarifications of sexual harassment definitions under the FWA and SDA
  • New Hostile Work Environment provisions under the SDA
  • Strategies for recognising red flags, and establishing baseline compliance
  • Best practice in identifying risk, reporting, and resolving

Presented by Kevin Yee, Partner, Danny King Legal

12.15pm to 1.15pm Unfair Dismissal Matters in the Fair Work Commission

 

  • Relevant principles
  • Conciliation of unfair dismissal matters
  • Hearing of unfair dismissal matters

Presented by Michael Byrnes, Partner, Swaab

11.15am to 12.15pm Performance Matters: Managing Difficult Employees

 

  • The current state of play: performance management challenges in the midst of ‘quiet quitting’ and remote working
  • Practical ways to effectively manage employee performance
  • Dealing with additional complexities involving medical conditions and protected attributes: the perfect storm of legal obligations
  • Legal risks in terminating employment for performance reasons and how to mitigate against them with a robust process

Presented by Cynthia Elachi, Special Counsel, Clayton Utz

9.00am to 10.00am The Complexities of Collective Bargaining

 

  • Multi-Employer Bargaining: what is it? And how should you respond to it?
  • Termination of enterprise agreements:  not so easy anymore
  • Expanded agreement arbitration powers:  what to expect and how to manage
  • Pay secrecy: not so secret anymore

Presented by Adam Guy, Barrister, HB Higgins Chambers

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

10.00am to 11.00am Employment Contract Drafting and the Effects of the New Laws

 

  • Explore the new limitations on fixed term contracting (and the consequences for getting it wrong)
  • Consider some of the exemptions and alternative options for fixed term contracting
  • The new limitations on pay secrecy in employment contracts, whether existing clauses continue to operate, and the consequences of contravening the new laws

Presented by Sylvia Moses, Special Counsel and Hannah Lawson, Associate, Bartier Perry

11.00am to 11.15am Morning Tea
PERFORMANCE AND DISMISSAL MATTERS
4.00pm to 4.15pm Afternoon Tea

Presenters


Mr. Dilan Mahendra, Barrister, Quay Chambers
Dilan Mahendra is recognised as an authority on post-termination restraints and is widely regarded as one of Australia’s ‘go to’ junior barristers for all restraint of trade matters. He is quickly developing a similar reputation in anti-discrimination and sexual harassment matters. He has extensive experience representing clients in employment law and industrial relations matters, anti-discrimination and sexual harassment law as well as in administrative law and commercial law and equity. Dilan is known for his strategic approach to litigation, as well as for his attention to detail and forensic questioning. He is well prepared for every situation and thinks quickly on his feet. Dilan is a thorough advocate and is committed to presenting all available arguments in a persuasive and succinct manner. Dilan aims to provide a stress-free experience for instructing solicitors. He takes a clear-thinking, practical approach to litigation, and remains calm during the pressures of litigation and when facing tight deadlines. Dilan is regularly briefed by leading employer and employee-focused law firms, as well as directly by public and private organisations. He has represented organisations as diverse as BHP, Illawarra Coal, Westpac, Adobe Systems, Western Union and several State and Commonwealth Government agencies. Since 2016, Dilan has been recognised in Doyle’s Leading Employment Junior Counsel for NSW and Australia. Dilan has also been recognised as a leading employment junior counsel in Chambers & Partners – Asia-Pacific.


Ms. Sylvia Moses, Special Counsel, Bartier Perry
Sylvia brings a broad range of experience and skill to her role, having initially been admitted to practice as a Solicitor in NSW in 1991 and later as a Barrister at the NSW Bar in 2000. She has particular expertise in employment and industrial relations having conducted a wide range of industrial and employment litigation in her long standing career. Sylvia brings a unique skill set and experience to her role having practised as a Solicitor and Barrister, conducting litigation and assisting clients to navigate their way through complex workplace relations disputes and providing strategic and risk management advice to a broad range of clients. In addition to her vast experience, Sylvia has excellent formal qualifications in industrial relations and employment law, holding a Masters of Labour Law and Relations from the University of Sydney. Sylvia also holds formal qualifications in corporate governance from the Governance Institute of Australia. Sylvia’s past experience as a barrister gives her a unique perspective and advantage in the preparation and conduct of litigious matters and in the negotiation and settlement of workplace disputes. Sylvia works closely with her clients to find the most beneficial outcomes, whether it be in day to day HR management, work safety issues or resolving workplace litigation and disputes.


Ms. Hannah Lawson, Associate, Bartier Perry
Prior to her Juris Doctorate and admission as a lawyer, Hannah worked in management consulting in Canberra, providing cultural change and project management to a wide range of private and public sector clients, with a focus on and in particular experience in advising on diversity and inclusion. As an employment and industrial relations lawyer, Hannah has experience in a number of specialist workplace legal environments, including 18 months as an Associate to a Deputy President of the Fair Work Commission, before joining Bartier Perry’s workplace law & culture team. Hannah enjoys working closely with clients to provide day to day HR and workplace advice and risk management, as well as assisting to resolve workplace disputes through mediation and litigation.


Mr. Adam Guy, Barrister, HB Higgins Chambers
Adam was called to the bar in May 2018 and specialises in employment law, industrial relations, workplace health and safety disputes, and administrative law matters. Adam also accepts briefs in a range of other matters including alternative dispute resolution, building and construction disputes, inquests and inquiries and criminal matters. Before coming to the bar, Adam worked as a solicitor for eight years for a variety of industrial associations in the transport and mining industries. In these roles, Adam gained significant experience appearing as an unled solicitor advocate in a variety of courts and tribunals. Adam accepts briefs from a wide variety of sources, and in addition to being briefed by solicitors, Adam accepts direct access work from in-house counsel and industrial practitioners. Adam is also actively involved with community legal centres including the Kingsford Legal Centre, the Marrickville Legal Centre, and South West Sydney Legal Centre. In addition to this, he welcomes requests for assistance from legal centres and community groups. In addition to his practice, Adam also regularly delivers CPD seminars to a wide variety of organisations.


Mr. 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".


Ms. Megan Prouatt, Senior Associate, Johnson Winter Slattery
Megan is a specialist employment lawyer with particular expertise in wage underpayment claims, whistleblower matters and restraint of trade disputes. Megan is relied on by corporations for her strategic advice and litigation expertise. Megan advises across the field of workplace relations (contentious and non-contentious matters), including employment contracts and policies, executive terminations, restraints of trade/confidential information disputes, anti-discrimination and sexual harassment law, independent contractor issues, managing ill or injured employees, and whistleblower matters. Megan has represented clients in various Australian jurisdictions, including the Federal Court, Federal Circuit and Family Court, Supreme Courts of New South Wales and Queensland and the Fair Work Commission. She also regularly provides clients with training in relation to appropriate workplace behaviour.


Mr. Glenn Fredericks, Barrister, State Chambers
Glenn is a barrister in State Chambers and is an experienced corporate and employment lawyer. He appears in many jurisdictions including the Supreme Court of NSW, the Federal Court, the Federal Circuit and Family Court, the Fair Work Commission and NCAT. He has published a number of articles on legal topics and regularly presents at seminars. Glenn is listed in the Doyle’s Guide as Recommended Leading Employment Law Junior Counsel. Glenn was with Freehills for 10 years (including 7 years as a partner) and worked with clients in a variety of industries on significant employment and workplace relations matters, as well as dealing with corporate issues. Before coming to the Bar, Glenn was a senior lawyer with the Commonwealth Bank of Australia for 8 years, where he led both legal and HR teams. Glenn gained significant ‘hands-on’ experience in workplace relations in his early career at the NSW Nurses’ Association.


Ms. Cynthia Elachi, Special Counsel, Clayton Utz
Cynthia brings holistic and commercially attuned experience across all aspects of employment law, ranging from strategic employment advice, unfair dismissal and adverse action claims, to defending large-scale employment-related litigation. Cynthia regularly undertakes the role of workplace investigator for clients, dealing with issues involving bullying, harassment, sexual harassment and intoxication at work. Cynthia's investigation experience is extensive and highly sought after, crossing a variety of industries including technology, entertainment and tertiary education. Cynthia often appears on behalf of major corporate clients across all jurisdictions including the NSW Supreme Court and the Federal Court of Australia on a variety of issues, such as restraint of trade matters and breach of contract cases. She works closely with her clients to promote positive workplace culture, assisting with drafting employment policies and conducting client workshops on a variety of topics including managing poor performance, termination of employment and providing EEO and bullying and harassment training. Cynthia is a keen speaker having presented a number of seminars and workshops on a variety of employment law issues. On account of her particular interest in workplace investigations, she has presented seminars and conducted all day training workshops on the fundamentals of workplace investigations for both clients and for external organisations.


Mr. Ben Fogarty, Barrister, Black Chambers
Ben Fogarty is a barrister at Black Chambers, Sydney, with expertise and interest in discrimination law, guardianship and mental health law, criminal law and employment law. Prior to being called to the bar in 2011, Ben was the senior solicitor at the Homeless Persons' Legal Service. He has also been the Acting Director of Pro Bono at Gilbert+Tobin Lawyers, the principal solicitor at the Intellectual Disability Rights Service, outreach solicitor at the Darwin Community Legal Service and the principal solicitor of the NSW Disability Discrimination Legal Centre. He has also worked at Redfern Legal Centre and the Inner City Legal Centre. Ben's work in the community legal sector has covered a very broad range of laws - covering criminal law, guardianship law, housing, victims support, consumer rights, employment, discrimination and administrative law. Ben was also a casual lecturer in criminal law for almost 10 years at the University of New South Wales until 2013.


Mr. Kevin Yee, Partner, Danny King Legal
Kevin Yee is a Partner at award-winning employment law firm Danny King Legal. He is also an educator on the side: he has helped create and convene the Employment Law course at the University of New South Wales for several years; and has most recently chaired a number of Thomson Reuters Australian roadshows dealing with mental health issues in the workplace (when we could all still travel). His current practice focuses on helping employee and employer clients to navigate the impacts of COVID-19.

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Workplace Law Reforms

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All Sessions
Tuesday, 20 June 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
Face to Face 20240518 20230620

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Morning Session
Tuesday, 20 June 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Face to Face 20240518 20230620

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Afternoon Session
Tuesday, 20 June 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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Venue
Legalwise Seminars

Level 11,  70 Pitt Street, Sydney 

Directions

These are  the nearby public transport options.

By train: Wynyard station is only 400m away and Martin Place station only 500m away
Bus:  The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby
Ferry: Circular Quay is the closest Ferry

Parking Information

Parking is not included in your registration. Here are some nearby parking options.

Secure Park, 20 Bond Street - Click here for rates
Wilson Park, 1 O'Connell Street - Click here for rates
Wilson Park, 31 Bond Street - Click here for rates