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Recorded Webinars

Recorded Webinar: Getting on the Front Foot with General Protection Claims

General protection claims based in adverse action continue to be attractive to disgruntled employees due to their accessibility, reverse onus of proof and broad scope. This session will examine recent cases and provide guidance on how employers can minimise the risks of an advers
PRESENTED BY Claire Brattey Special Counsel - Corrs Chambers Westgarth , Brisbane

Date/Time

About the Webinar

General protection claims based in adverse action continue to be attractive to disgruntled employees due to their accessibility, reverse onus of proof and broad scope. This session will examine recent cases and provide guidance on how employers can minimise the risks of an adverse action claims, including:

  • Revisiting the key elements of when an employee can bring a general protection claim
  • Why might an employee choose to bring a general protection claim instead of another possible claim such as unfair dismissal or discrimination?
  • Analysing cases for examples of how employees and unions are using adverse action to challenge performance management, disciplinary action and workplace disputes
  • What constitutes an adverse action by an employer?
  • What must the employer show to support their position that the adverse action was not for a prohibited reason?
  • Strategies for heading off claims – transparency, efficiency, process and proper reasoning
  • The benefits of early intervention and communication
  • Recent cases including Alam v National Australia Bank Limited [2021] FCAFC 178; Crossing v Anglicare NSW and ACT [2021] FCA 112

Presented By

Claire Brattey
Special Counsel, Corrs Chambers Westgarth Brisbane, Qld

An astute employment and labour lawyer who has worked across a variety of sectors including banking and finance, facilities management, construction, mining and health care, Claire has assisted clients with numerous industrial campaigns and employment relation management plans.

Claire is known for her ability to work with clients to both design and implement a strategy that matches their deliverables. She is able to assist her clients effectively and with minimum disruption, whether acting as a negotiator or mediator or when representing their interests in the Fair Work Commission or the Courts.

As well as being an Australian lawyer, Claire originally qualified in Scotland and worked as an employment lawyer in the UK for over 10 years. As a dual qualified lawyer, she is able to bring her global experience to assist her clients in resolving issues.

Who Should Attend?

This webinar is suitable for HR professionals and lawyers practising in employment law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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