Employment Law for HR Managers 2013

Employment
Law for HR
Managers
2013
What will the employment law
landscape look like in 2014?
Strengthen your understanding
of key policies and the impact
of recent legal decisions:
• Protect yourself and your organisation against adverse
action claims
• Minimise your exposure under the new anti-bullying laws
in 2014
• Manage key legal aspects of workplace change and the
impact of recent Court decisions
• Understand best practice in the social media age:
Censorship, discipline and ownership
• Strengthen your employment contracts and avoid liability
for sham contracting
• Navigate areas of uncertainty around terminations and
redundancies
• Manage employee mental health risks to minimise loss
of productivity
Featured speakers
Mark Curran,
special counsel,
DibbsBarker
Joydeep Hor,
managing principal,
People + Culture
Strategies
Chris Newman,
senior associate,
Ashurst
Andrew Tobin,
partner,
HopgoodGanim
Victoria Donaghy,
partner,
Minter Ellison
Christy Miller,
special counsel,
Clayton Utz
Murray Procter,
partner,
DLA Piper
Event details
Brisbane 26 November 2013
Marriott Hotel
515 Queen St
Also running in:
Melbourne 21 November
Sydney 28 November
How to register
Visit: http://toptalent.hcamag.com
Phone: (02) 8437 4727
E-mail: stephanie.campanale@keymedia.com.au
Official publication
Researched by

Employment Law for HR Managers
8:00am Registration opens
9:00am Welcome & Opening Remarks from the Chair
The state of Employment Law heading into 2014
»»
Impact of the Federal Election results
»»
Overview of new laws
»»
What the day’s program will cover
9:30am Bullet proofing against adverse action claims
With lawyers predicting the intensification in adverse action claims
following some recent prominent cases, this session will provide
guidance on how you can protect your organisation against adverse
action claims.The process of bringing an adverse action claim
»»
TWhen does ‘reasonable management action’ become unlawful
‘adverse action’?
»»
‘Workplace law’ or ‘workplace instrument’? The status of common
law contracts and non-employment specific legislation (such as the
Privacy Act) under adverse action laws
»»
Absence management: Implications of the CFMEU v Endeavour
Coal Pty Ltd [2013] decision
»»
Under what circumstances can senior management be found
personally liable for their involvement in contravening conduct?
Melbourne: Danya Ellinghaus, senior associate, Ashurst
Brisbane: Chris Newman, senior associate, Ashurst
Sydney: Heidi Fairhall, senior associate, Ashurst
10:15am Morning refreshments & networking break
10:45am Workplace bullying: Navigating the new
landscape
Anti-bullying amendments to the Fair Work Act 2009 (Cth) come into
play on 1 January 2014 allowing workers to apply directly to the Fair
Work Commission (FWC) in cases of workplace bullying. This has
significant ramifications for employers and increases their exposure in
this sensitive area. Explore:
»»
Insights into the Bullying Code of Practice
»»
Overview of the new laws: Coverage and new powers of FWC
»»
Policies, procedures and systems that effectively protect against
bullying claims
»»
Best-practice bullying investigation process
»»
Where Courts draw the line between bullying and performance
management
»»
When does “interpersonal conflict” become bullying?
Joydeep Hor, managing principal, People + Culture Strategies
11:30am Managing workplace change: Mutual trust,
repudiation and adverse action
Major change in the workplace because of a merger or restructure
can cause disruptions at the employee level and expose employers
from a legal perspective. This presentation will discuss how to
manage key legal aspects of the process:
toptalent.hcamag.com
»»
Implications of Barker v Commonwealth Bank of Australia [2012]:
What are the role of redundancy policies now?
»»
What do you need to consider when re-deploying employees: Ulan
Coal Mines Limited v Honeysett and Ors [2010] FWAFB 7578
»»
The reverse onus rule: When selecting employees for redundancy,
how to ensure that you’re creating documentation that protects you
from unlawful adverse action claims
››
Board of Bendigo Institue of Technical and Further Education v
Barclay [2012] HCA 32
»»
What constitutes an ‘acceptable offer of alternative employment’ to
a retrenched employee?
Melbourne: David Thompson, partner, Hunt & Hunt
Brisbane: Mark Curran, special counsel, DibbsBarker
Sydney: Maree Skinner, partner, DibbsBarker
12:15pm Lunch break
1:15pm Social media at work: Censorship, discipline
and ownership
HC recently reported that 75% employees access social media at
least once a day. Social media is now a permanent presence in the
workplace and the key for employers is not to ban it, but to regulate it.
»»
Censorship: What information can you censor?
»»
When can you discipline an employee for out-of-hours
misconduct?
»»
The ‘Harlem Shake’: What to do when your employees behave
badly
»»
Social media ownership: Who owns accounts when an employee
leaves?
»»
How Facebook, Twitter and other social media sites may be used
as evidence against a claim for injury compensation
»»
BYOD issues
»»
Best-practice policy examples
Melbourne: Stuart Pill, partner, Clayton Utz
Brisbane: Christy Miller, special counsel, Clayton Utz
Sydney: Michael Byrnes, special counsel, Clayton Utz
2:00pm Shades of grey: Getting your employment
contracts right
»»
Ascertaining the appropriate relationship: Contractor; permanent
employee; fixed term; casual
»»
Sham contracting: Ramifications of getting it wrong
»»
The “must have” terms to protect your business
»»
What terms are/may be implied?
››
When do policies become contractual terms?
››
Implications of Commonwealth Bank of Australia v Barker
[2013] FCAFC 83
»»
Senior executives – additional considerations
››
Restraint of trade clauses: Are “cascading” clauses the right
way to go?
››
Relevance of Corporations Act / ASX Listing Rules

Brisbane 26 November 2013
Marriott Hotel 515 Queen St
»»
Repudiating the contract: Lessons from Paul Fishlock v The
Campaign Palace Pty Limited [2013] NSWSC 531
Melbourne: Andrew Farr, partner, Lander & Rogers
Brisbane: Andrew Tobin, partner, HopgoodGanim
Sydney: Bronwyn Maynard, senior associate, Henry Davis York
2:45pm Afternoon Refreshment & networking break
3:15 Terminations and redundancies
While redundancies and terminations are a fact of life in any
organisation, it continues to be a legal minefield for employers.
Employers have legal and contractual obligations that must be
complied with. This session will step you through the process and
give you practical advice to minimise risk in relation to:
»»
Planning – Reducing the risk but setting the framework from the
outset
»»
Notifying – Understanding when, where and to whom an employer
needs to announce and notify about a redundancy
»»
Consultation and redeployment – Understanding your obligations
This session will also examine recent case law regarding redundancy
and look at the type of claims being made – from adverse action to
the emergence of breach of implied terms.
Melbourne: Michael Tehan, partner, Minter Ellison
Brisbane: Victoria Donaghy, partner, Minter Ellison
Sydney: Kristy Edser, partner, Minter Ellison
& Sheridan Jones, senior associate, Minter Ellison
4:00pm WHS: Mental health – The new frontier
HC recently reported that mental illness costs Australian employers
$2.7bn in lost productivity each year, yet WHS policies continue to
focus mainly on physical risks and hazards in the workplace.Clarifying
attendance expectations and the effect of excessive absenteeism on
the workplace
»»
EYour duty of care in the mental health context: Under what
circumstances is the employer liable for an employee’s psychiatric
injury?
››
Taylor v Haileybury [2013] VSC 58 and Fiona Brown v Maurice
Blackburn Cashman [2013] VSCA 122
»»
Treatment of employees on workers compensation vs. sick leave
and the effect on premiums
»»
Emerging risks: Health and safety concerns for staff working from
home, lone workers, stress
››
How to show that you’re taking ‘all reasonable steps’ to
minimise risks
»»
How to manage long-term employee absence
Melbourne: Rick Catanzariti, partner, DLA Piper
Brisbane: Murray Procter, partner, DLA Piper
Sydney: Andrew Ball, partner, DLA Piper
What HR professionals are
saying about the HR
Masterclass series:
Very good presenters with high
knowledge.
Excellent - very informative – has
broadened my understanding of
employment law.
Complex subject very clearly
explained and focused on relevant
areas.
Dynamic presentations, pragmatic
and practical approach for HR
managers to handle employment law
issues.
4:45pm Concluding remarks from the Chair & close of
Masterclass
toptalent.hcamag.com

Employment Law
for HR Managers 2013
Event details Brisbane 26 November 2013 Marriott Hotel 515 Queen St
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