Session A:
What are our legal obligations relating to the dismissal or termination of an employee?

  • Providing a refresher on the definitions and principles behind dismissals, terminations and redundancy, and looking at what is considered unfair, unjust, harsh and unreasonable
  • Updating attendees on the different legal obligations employers may encounter when considering to dismiss or terminate an employee
  • Reviewing case examples from the last 15 months where decisions were either in favour or against employers, and what we can learn from them
Sydney: Harriet Eager, Partner, Minter Ellison
Melbourne: Leon Levine, Partner, Minter Ellison
Perth: Craig Boyle, Partner, Minter Ellison


Morning Tea


Session B:
Can we review specific scenarios that have led to claims of an unfair dismissal, and what different approaches we could take?

  • Understanding each of these situations, and going through scenarios and role playing what can happen:
    • Misconduct and serious misconduct
    • Poor performance
    • On medical grounds
  • Educating delegates on what different approaches can be taken in these situations, including policies to put in place and procedural steps to follow
* Scenario based training: In groups, you will be given a scenario that you and your group will have the chance to discuss and come up with responses on what decisions you would make based on that scenario at hand.
Sydney: Justin Le Blond, Special Counsel, HWL Ebsworth
Melbourne: Michelle Dawson, Partner, Madgwicks
Perth: Elizabeth Moran, Senior Associate, DLA Piper




Session C:
How to avoid and manage a claim of an unfair dismissal?

  • Avoiding claims:
    • Preparing and reviewing your dismissal procedure and reasoning, including how to ensure your procedure for a dismissal is “procedurally fair”
    • Reviewing your contracts, agreements and policies and aligning these with your termination process 
    • Implementing actionable steps that ensure the dismissal is well documented and defensible
  • Managing claims:
    • Checkboxes for what to do when a claim is made, and another for what a fair investigation process would include – what should these include?
    • How to ensure your evidence is “specific” and “detailed”; go through examples of what not to include/use
    • Highlighting tips for effective communication and consultation techniques
    • Going through scenarios for mediation techniques
* Dos and don’t session: This session will look at examples, check boxes, and scenarios that will help delegate apply principles with real situations.
Sydney: Amanda Lyras, Senior Associate, Herbert Smith Freehills
Melbourne: Natalie Gaspar, Senior Associate, Herbert Smith Freehills
Perth: Anna Creegan, Senior Associate, Herbert Smith Freehills


Afternoon Tea


Session D:
How to limit various risks that arise from redundancies and workplace restructures?

  • Understanding your redeployment and retrenchment responsibilities; what options are there? 
  • Ensuring your restructuring process is compliant with that of the Fair Work Act
  • Discussions around preventative measures for an organisation; reasonable notice claims, restraints, termination clauses, fixed terms, etc
Sydney: Talia Firth, Senior Associate, Ashurst
Melbourne: Jane Harvey, Partner, Ashurst
Perth: Marie-Claire Foley, Partner, Ashurst


Close of Workshop

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