Employee Rights and Entitlements in Uncertain Times – recorded lunchtime online conference

ration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: The “Casual Conundrum”: What Does the Future Hold?

The focus on the definition and entitlements of casual workers is reaching a crescendo with the High Court now determining the issues and the Omnibus Bill seeking to legislate the relationship. This session will examine where the law now sits in relation to casuals, and what employers need to consider when determining how to structure their labour force, including:

• An update on the key cases: Workpac Pty Ltd v Skene, Workpac Pty Ltd v Rossato and the High Court appeal
• Recent legislative amendments and proposed reforms and what they mean for organisations
• When is it appropriate to employ a casual worker?
• Key attributes of casual employment including the “regular and systemic” test
• Weighing up the pro’s and con’s of casual v part-time employment
• Drafting and reviewing contracts for casuals
• Strategies for auditing a casual workforce – is the classification appropriate?
• How to manage a request for conversion to part-time employee

Session 2: Redundancies and other Necessities During an Economic Downturn

The COVID-19 outbreak has had a continued economic impact on workplaces across the country. Many employers must make difficult decisions about their staff. This session examines when employees can be stood down or made redundant, the myriad of legal obligations that employers must comply with, and the entitlements that exist for affected employees. It covers:

• Meeting the requirements for ‘genuine redundancy’ in an economic downturn
• The obligation to consult
• Redeployment issues
• Redundancy pay:
  • Can you apply to reduce or extinguish redundancy payments?
  • How to determine the amount payable to the employee
• What are the consequences of failing to comply?

• Stand down versus redundancy – how do they differ?
• Is a downturn enough to justify standing down employees?

Session 3: Adverse Action and General Protections: Dodging the Traps for Employers

This session looks at recent case law developments in adverse action and general protections, with a focus on the key lessons for employers. It includes:

• Termination and prohibited reasons – navigating the traps
• What if there has been a history of conflict between a decision-maker and the employee?
• Objective criteria or reasons for termination
• Employer risks when not keeping adequate records
• Managing the risks of disability discrimination and adverse action
• Practical tips to limit the risk of a successful adverse action claim
• Case study: dismissal for refusing to work overtime
• Lessons from recent cases