Employment Law Conference
Start time 16 Mar 2021 9:00am (Australia - Melbourne)
End time 17 Mar 2021 12:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code C21002
Total CPD Points: 6.0

Practice Management & Business Skills: 1.0
Professional Skills: 1.0
Substantive Law: 4.0
(includes GST)

Employment Law Conference

16 Mar 2021 9:00am - 17 Mar 2021 12:30pm (Australia - Melbourne)
Live Stream Only

DAY ONE – TUESDAY 16 MARCH 2021 – 9:00AM – 12:30PM

Alert! – What's New in Employment Law

Workplace laws have undergone significant change in the past 12 months in order to rapidly address the unique problems arising from the COVID-19 pandemic. This session will also address the latest developments to workplace legislation and what it means for you and your client. This session will include:

  • The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020;
  • Long Service Benefits Portability Regulations 2020 – updated regulations came into operation on 1 October 2020.
  • 4 yearly review of modern awards – Overtime for casuals;
  • Industrial Relations reforms;

Presented by: Kaitlyn Gulle, Partner, Lander & Rogers

Alice Alexander, Lawyer, Lander & Rogers

Mandatory Workplace Vaccinations

The remarks of FWC Deputy President Asbury in Nicole Maree Arnold v Goodstart Early Learning Limited T/A Goodstart Early Learning [2020] FWC 6083 and the announcement by Qantas CEO Alan Joyce have highlighted the inevitable debate of mandatory vaccination against COVID-19 in workplaces.

This session will cover:

  • When is ‘mandatory vaccination’ lawful, appropriate and reasonable?
  • What are the exemptions for mandatory vaccinations and the impact of having non-vaccinated employees – does it change anything?
  • Is it lawful to require vaccination certificates or refuse entry or service to non-employees (eg contractors or customers) who cannot produce a vaccination certificate?

Presented by: Kamal Farouque, Principal, Maurice Blackburn Lawyers

Hugh Crosthwaite, Associate, Maurice Blackburn Lawyers

Challenging a Dismissal – Adverse Action Claims

The landmark case of Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 has highlighted that the limitless nature of remedies in a successful adverse action claim make it an appealing option for ex-employees seeking relief after a dismissal.

This session will outline the key takeaways from Roohizadegan that Employment Lawyers should keep in mind when:

  • Advising employers on preventing adverse action claims; or
  • Advising dismissed employees on making an adverse action claim over the other avenues available to challenge their dismissal.

Presented by: Jim McKenna, Barrister Victorian Bar

Restraints of Trade Clauses 

Restraint of trade clauses attempt to protect an employer’s legitimate interest after an employee’s contract has terminated.

This session will discuss restraint clauses and relevant case law, and will cover:

  • Drafting effective restraint of trade clauses;
  • Common drafting pitfalls that bring down restraint of trade clauses; and
  • How to avoid the pitfalls.

Presented by: Dimitri Ternovski, Barrister, Victorian Bar

Emma Murphy, Barrister, Victorian Bar

DAY 2 – WEDNESDAY 17 MARCH – 9:00AM – 12:30PM

Employment Law Case Update

Our presenter will discuss the most significant employment law cases that have arisen over the last 12 months. Cases up to March 2021 to be covered including:

  • Casual workers;
  • Personal leave incl Discrimination;
  • Unfair Dismissal;
  • Redundancy;
  • Extension of time limits;
  • Employee or Independent Contractor;

Case discussions will include WorkPac Pty Ltd v Rossato [2020] FCAFC 84; Mondelez Australia Pty Ltd v AMWU & Ors and Minister for Jobs and Industrial Relations v AMWU & Ors [2020] HCA 29; and More!

This is your ultimate case update

Presented by: Tim Donaghey, Barrister, Victorian Bar

Performance Management in the Virtual Office 

The 2020 pandemic has shifted the employment landscape and it is likely that many employees will continue to ‘work from home’ well into 2021 and beyond as the ‘new normal’.

For some employers, this will present problems if and when an employee displays a poor working ethic, ill judgement, or a general lack of discipline ‘in the workplace’ leading to the requirement of ‘performance management’.

This session will discuss the tricky issues of virtual performance management, including:

  • How do you ‘performance manage’ an employee in the virtual office?
  • What is the difference in performance managing an onsite employee compared to a remote worker?
  • Keeping proper records when the employee is offsite;
  • When performance management requires termination for non -performance – What are the risks?
  • The consequences of retaining the employee whose performance is not reaching the required standard.

Presented by: Victoria Comino, Special Counsel, Rigby Cooke

Redundancies During COVID19 – Are They Genuine? 

This session will discuss redundancies during COVID-19 and whether a redundancy during this time is considered genuine under s389 of the Fair Work Act 2009.

This session will discuss:

  • Ending employment and redundancy during COVID-19;
  • What is considered a ‘genuine redundancy’ under the Fair Work Act?
  • The importance of consultation with employee before redundancy;
  • Impact of the Jobkeeper Scheme and its associated stand down provisions during COVID-19;
  • Cases of significance discussed including Browne v MySharedServices Pty Ltd [2020] FWC 4445.

Presented by: Siobhan Mulcahy, Partner, Gadens

Claire Duggan, Associate - Employment Advisor, Gadens