Employment Law (Melbourne)

CPD points:    Four (4)

8.45am    Introduction from Chair
Chair:    David SHAW, Partner at Holding Redlich

Topic 1: Adverse Action: The New Black
Speaker: The Hon Chris Neil JESSUP, former judge of the Federal Court of Australia

Topic 2: Who is an Employee? Recent Developments and the Gathering Storm
Speaker: Mark IRVING, Barrister at Owen Dixon Chambers West

  • The consequences of misclassification under the FW Act
  • Are there any essential features of an employment contract?
  • The (largely) fruitless quest for the one dispositive fact
  • The role of express terms: pretence, sham, and reality
  • Representations in express terms: ACL, unjust enrichment and estoppel
  • The hole in the multi-factor test

10.35am    Morning Tea

Topic 3: Workplace Investigations
Speaker: Emma STARKEY, Senior Associate Maurice Blackburn
•    The trends in workplace investigations
•    Are workplace investigations the best response to complaints, concerns and/or workplace disputes?
•    Tips & traps in workplace investigations
•    Managing mental health of complainants and respondents
•    Case law update

11:50 am
Topic 4: Termination of Employment in a Digital Age
Speaker: Rohan MILLAR, Barrister Douglas Menzies Chambers

  • Is employment law coping with a drift away from traditional employment relationships?
  • Social media and the blurring of lines between private and work related activity
  • Protecting the employer’s interests post-termination:
  • Whose “friends” and “connections” are they?
  • The Supreme Court of Victoria’s approach to post-employment restraints in Just Group Ltd v Peck [2016] VSCA 334 and Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163

    12:45-1:00pm   Questions and Close


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270 Flinders St
Melbourne VIC 3000