Handling Workplace General Protections, Harassment and Discrimination Claims

Discover the workplace's sweeping changes, where employers are now legally obligated to eradicate sex discrimination and sexual harassment. Stay well-informed about workplace rights, complaints and bringing and defending claims for breach of the Fair Work Act's general workplace protections. Keep updated on workplace sexual harassment and discrimination issues to provide your clients with swift and confident advice. Be able to advise your clients quickly and with confidence. 

Wednesday, 8 November 2023
Chair:

Peter Roney KC, Griffin Chambers

3.00pm to 4.00pm Bringing and Defending Claims for Breach of the Fair Work Act’s General Workplace Protections

 

  • Identifying the reason(s) for the impugned conduct or decision
  • Preparing evidence where multiple people were involved in the conduct or decision
  • Seeking production of the employer’s legal advice (or resisting requests for it)
  • The calculation of compensation under s. 545(2)(b) Fair Work Act
  • Seeking (or resisting) pecuniary penalty orders under s. 546 Fair Work Act
  • Costs where the proceedings for breach of a general protection also involve non-Fair Work Act claims
  • Practical tips when acting for an applicant vs a respondent in these types of claims

Presented by Jane Muir, Barrister, Gerard Brennan Chambers

2.00pm to 3.00pm Workplace Rights and Complaints: What are They?

 

  • What is a complaint for the purpose of adverse action proceedings?
  • Recent decisions and case studies

Presented by Glenn Fredericks, Barrister, State Chambers

4.15pm to 5.15pm Workplace Sexual Harassment and Discrimination

 

  • s351 of the Fair Work Act
  • Direct and indirect discrimination update
  • Prohibition on sexual harassment
  • Positive obligation to eliminate sexual harassment in the workplace

Presented by Alanna Fitzpatrick, Partner, K&L Gates

4.00pm to 4.15pm Break
Description

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

Presenters


Mr. Peter Roney KC, Griffith Chambers
Peter Roney's professional practice has been both broad and focused. He mainly practices in commercial law but was included in the recently published 2022 Doyle’s guide as one of the top 4 leading Queensland Queen’s Counsel the areas of employment, industrial relations and workplace safety matters in Queensland. He is a Committee member Law Council of Australia Insolvency and Restructuring Committee Qld. He has represented the Qld bar on the Law Council of Australia's Equal Opportunity Committee for more than 5 years. He has specialised in advocacy in commercial litigation, corporate management, body corporate and community management litigation, employment, industrial relations and workplace safety , mining, coal seam gas related litigation, Coronial Inquiries and Inquests particularly involving management system failures mechanical and engineering failures, major building and construction and engineering disputes, Peter has acted for and advised clients operating in the coal, gas petroleum and metallurgical industries, including Ministers. Peter has had advisory participation in numerous safety management reviews. He sits and has sat as a member of Queensland Civil and Administrative Tribunal particularly in the Human Rights division since QCAT was created. He sat in Appeals at the Public Service Commission. He is the Chair of the Qld Bar's Equal opportunity and Diversity Committee and has sat on the Law Council of Australia's Equal Opportunity Committee for more than 5 years.


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. Jane Muir, Barrister, Gerard Brennan Chambers
Jane accepts briefs in all areas of commercial law. Her experience includes acting for clients in banking, bankruptcy, building and construction, commercial contracts, consumer protection, corporate, employment, equity, insolvency, insurance, and trade practices, matters. Jane regularly appears in State and Federal courts and tribunals, and represents clients in mediations and arbitrations. Before being called to the Bar, Jane practised as a solicitor at Freehills (now Herbert Smith Freehills) in the litigation and corporate departments. She also practised at McCann FitzGerald, in banking and finance, and at Freshfields Bruckhaus Deringer in London, in the financial institutions disputes group. Jane holds a Bachelor of Laws (with honours) and a Bachelor of Arts from the University of Queensland.


Ms. Alanna Fitzpatrick, Partner, K&L Gates
Alanna is an experienced workplace health and safety lawyer. She is a responsive, pragmatic and empathetic lawyer who assists her clients to navigate the serious safety incidents and accidents. She assists clients respond to and engage with regulators undertaking investigations following safety incidents in a manner that is designed to ensure that the risk of reputational damage and personal/corporate prosecution is minimised. Alanna is also an experienced front end safety lawyer, providing compliance advice to a range of organisations to understand and discharge their obligations under safety legislation and for officers, developing a suite of material to enable those officers to discharge their duty to exercise due diligence. Alanna delivers engaging and informative presentations on safety related topics include crisis management, due diligence and managing the risk of psychosocial harm. She is experienced in dealing with a wide range of employment matters including executive employment issues, performance management, grievances, disciplinary matters, discrimination and termination of employment. Alanna has a particular focus on assisting employers to manage ill and injured employees and restraint of trade matters. Alanna is a commercially focussed and pragmatic litigator. She has assisted clients to litigate individual and collective disputes in the Fair Work Commission as well as disputes and regulatory prosecutions in the Federal Court and Supreme Court of Queensland. Alanna has advised her clients on all types of workplace investigations and undertakes workplace investigations, particularly those relating to bullying allegations and sexual harassment. Alanna has advised companies in various industries including agriculture, aviation, construction, energy and resources, medical and pharmaceutical, retail, higher education, government departments and government owned corporations.

WEB2311N22Z

Handling Workplace General Protections, Harassment and Discrimination Claims

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Single Session
Wednesday, 8 November 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
Online 20240517 20231108

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