Managing Risks Whilst Managing Staff: The Rocky Road Ahead for Employers – a recorded lunchtime online conference

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.

THE PROGRAM

Session 1: The Final Word on Independent Contractors? The High Court Decisions and the Road Ahead

The long-standing issue of independent contractor v employee characterisation has been the subject of two High Court decisions, which have turned the previous thinking on its head. Now that the dust has settled on these decisions, where do employers stand when it comes to independent contractors? This session will examine the ongoing debate and decisions and what employers need to be doing to clarify the nature of their arrangements, including:

• Is the previous “multi-factorial” approach no longer applicable?
• Why the contractual terms are now front and centre
• Is labelling the relationship in the contract enough to tip the balance?
• Will later conduct under the contract make any difference?
• What will the approach be in the absence of a written agreement or invalid contract?
• Key tips for contract negotiations and drafting
• A detailed analysis of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2

Session 2: The Precarious Boundary between Work and Play

The melding between home and office as places of work has added to the growing complexity of when work begins and ends, and the boundaries of behaviour in personal and working life. As 9-5 becomes increasingly irrelevant, this session will explore some of the key legal challenges and risks arising from work, play, social and sexual interactions, including:

• What is an employer’s potential liability for the non-work conduct of its employees?
• How far can an employer seek to regulate the private life of an employee?
• Has the position changed as a result of increased work from home arrangements?
• Should any boundaries be placed on employees meeting offsite? Is there a distinction whether it is work or after-work activities?
• When do outside work friendships and relationships between colleagues’ matter? When is disclosure required and what prudent steps does an employer need to take?
• Is a “bonk ban” a valid or legal option?
• Social media policies and other methods of restricting employee activity and opinions – what is permissible and appropriate?
• Cases and examples

Session 3: Too Hot to Handle? Long Term Injured Workers and Return to Work

Long term injured workers provide a real management challenge to employers and can significantly impact productivity and workplace morale. As claims continue to rise presenting employers with difficult choices, this session will explore why long-term injured workers need careful management and the strategies available to achieve an acceptable outcome, including:

• The protections for an injured worker
• What obligations does an employer have to assist a worker to return to their original role?
• How has covid-19 impacted the rights of injured workers?
• When are alternative duties a reasonable option?
• What enquiries and consultation must be made before terminating employment?
• Tips for avoiding claims of disability discrimination and unfair dismissal
• What will the impact of the National Return to Work Strategy 2020-2030 (Safe Work Australia) be?
• Relevant cases