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Employment law issues that have a mental health aspect can be extremely challenging for lawyer and HR practitioner alike. The issues can be sensitive, ambiguous and subjective. Making accurate decisions in this potentially complex area of law is crucial; case law has shown that the courts will penalise those organisations who do not follow correct processes when dealing with employment issues related to mental health.

Thomson Reuters 2nd annual Mental Health & Employment Law Conference is taking place in Melbourne, Canberra, Sydney, Perth and Brisbane in April and May 2019. The Mental Health & Employment Law Conference series aims to address the key issues related to mental health in the workplace. The conference will provide both legal advisor and HR practitioner with pragmatic, practical guidance on range of current and contentious issues such as:

  • An integrated approach to workplace mental health: the case for going beyond legal obligations
  • How has the law responded to the rise in mental health issues at work?
  • Workplace bullying and its effect on both employees and employers
  • Developing effective wellness programs that incorporate mental health
  • Psychological injury, Fit for Work and Employers’ Obligations
  • Management of psychological claims for workers’ compensation
  • What can you do if a grievance claim arises from performance management
  • Managing workplace addiction and Drug & Alcohol Policy that is fair and reasonable

Featuring speakers from:

Fair Work Commission | beyondblue | Herbert Smith Freehills Maurice Blackburn | Danny King Legal | HopgoodGaminLawyers | Maddocks | Bradley Bayly | Williamson Barwick | DLA Piper | Moray Agnew | Seyfarth Shaw | Pilot Wellness, Jetstar Airways

We look forward to meeting you at the conference.

Questions

For any event enquiries email eventsau@thomsonreuters.com

Conference attendance earns 6 CPD points in substantive law

Dates & Locations

Melbourne
Tuesday 30 April 2019
Sheraton Melbourne Hotel

Canberra
Wednesday 1 May 2019
Rydges Capital Hill

Sydney
Thursday 2 May 2019
Four Seasons Sydney

Perth
Tuesday 7 May 2019
Duxton Hotel Perth

Brisbane
Thursday 9 May 2019
Stamford Plaza Brisbane

Cost

Early Bird
$595 + GST
(Save $100)
Early Bird ends 19 March 2019

Standard
$695 + GST

Register Now

Agenda

9:00AM

WELCOME FROM THE CHAIR

Danny King, Principal, Danny King Legal (M, S)
Blade Atton, Employment Lawyer, Danny King Legal (C)
Kevin Yee
, Senior Solicitor, Danny King Legal (P, B)

9:10AM

An integrated approach to workplace mental health: the case for going beyond legal obligation

  • What is mental health and what is its impact on workplaces
  • Integration - A best practice approach to workplace mental health
  • Help along the way

Catherine Doherty, Workplace Engagement Manager, Beyond Blue (M, C)
Linda Sheahan, Workplace Engagement Manager, Beyond Blue (S, P, B)

9:50AM

Mental health and employment law: How has the law responded to the rise in mental health issues at work?

With mental health being identified as a key concept in employment law, this session will examine the key updates and changes that all HR and legal practitioners will need to know. The session will also provide an in-depth review of general protection and adverse actions.

Tim Lee, Commissioner, Fair Work Commission (M)
John Kovacic, Deputy President, Fair Work Commission (C)
Jonathan Hamberger, Senior Deputy President, Fair Work Commission (S)
Melanie Binet, Deputy President, Fair Work Commission (P)
Susan Booth, Commissioner, Fair Work Commission (B)

10:30AM

Networking and refreshment break

10:50AM

Workplace bullying and its effect on both employees and employers

This session will examine cases concerning workplace bullying and their outcomes especially how employment law responds to this nuanced issue that is very rarely black and white.

Josh Bornstein, National Head of Employment, Maurice Blackburn (M)
Mia Pantechis, Senior Associate, Maurice Blackburn (C, S)
Giri Sivaraman, Principal, Maurice Blackburn (B)
Elizabeth Moran, Senior Associate, DLA Piper Australia (P)

11:30AM

Case study: developing effective wellbeing programs that incorporate mental health

This case study covers a best practice Mental Health and wellbeing program, in an industry where employees constantly need to be at peak performance. Chris will also advise where to start with your own programme and key components of a successful mental wellbeing initiative.

Chris Smith, Pilot Wellness Manager, Jetstar Airways

12:10PM

Psychological injury, fit for work and employers’ obligations

For employers to meet their safety obligations, it is crucial that they ensure their employees are fit for work. This session covers pre-employment disclosures of mental illness, workplace policies and fitness for work procedures, making reasonable adjustments and facilitating return to work.

Danny King, Principal, Danny King Legal (M, S)
Adrian Barwick, Special Counsel, Williamson Barwick, Sydney (C)
Kevin Yee, Senior Solicitor, Danny King Legal (P, B)

12:50PM

Lunch and networking break

1:40PM

Management workers’ compensation claims stemming for mental injury

Although workers’ compensations claims for stress and psychological injury may be harder to prove that other claim types, there are still several issues that both lawyers and HR professionals need to navigate. This session examines evidential requirements for psychological injury (and the factors which make them succeed or fail), and how you may inadvertently leave yourself open to larger liability through holes in your process.

Madelaine August, Partner, Moray Agnew (M)
Emma Reilly, Partner, Moray Agnew (C)
Fiona King, Partner, Moray Agnew(S)
David Bayly, Director, Bradley Bayly (P)
Anna Hendry, Special Counsel, HopgoodGaminLawyers (B)

2:20PM

The importance of correct procedure in investigation processes

This session will focus on the importance of correct procedure in workplace investigation processes for both HR and legal professionals – exploring why we investigate, and outlining best practice tips for when to investigate, how to investigate and how to avoid traps.

Natalie Gaspar, Special Counsel, Herbert Smith Freehills (M)
Rommo Pandit, Senior Associate, Herbert Smith Freehills (C)
Heidi Fairhall, Special Counsel, Herbert Smith Freehills (S)
Olga Klimczak, Senior Associate, Herbert Smith Freehills (P)
Wendy Fauvel, Senior Associate, Herbert Smith Freehills (B)

3:00PM

Networking and refreshment break

3:20PM

Termination - when all options have been explored

  • When is it reasonable for the business to terminate and under what circumstances?
  • If termination is the only option at the end of an investigation or an evaluation of inherent requirements , what is the correct process to prevent claims of unfair dismissal or discrimination?
  • What can you do if a grievance claim arises from performance management when mental health issues are involved?

Catherine Dunlop, Partner, Employment, Safety & People, Maddocks (M)
Bede Gahan, Special Counsel, Minter Ellison (C)
Vanessa Andersen, Partner, Employment, Safety & People, Maddocks (S)
Maree Skinner, Partner, Employment, Safety & People, Maddocks (B)
Samantha Maddern, Partner, Norton Rose Fulbright (P)

4:00PM

Practical considerations of in developing a drug and alcohol policy and managing workplace addiction

Workplace addiction impacts productivity, workplace health & safety, and costs Australian companies million every year.

  • What are the key considerations of management of addictions in the workplace?
  • Balancing employee’s right to privacy and procedural fairness and employer obligations to provide a safe environment
  • Practical considerations of policy implementation, and for managing a positive test
  • Relevant case law and outcomes when positive drug tests get challenged in court

Erin Hawthorne, Partner, Seyfarth Shaw

4:40PM

CLOSING REMARKS FROM THE CHAIR AND END OF CONFERENCE