Mental Health & Employment Law Conference

WELCOME FROM THE CHAIR

Brisbane: Dr Louise Floyd, Associate Professor of Law, JCU: and Barrister Supreme Court of Queensland
Sydney & Livestream: James Mattson, Partner, Bartier Perry Pty Limited
Melbourne: Kaushalya Mataraaratchi, Special Counsel, Gilbert + Tobin
Perth: speaker to be confirmed

Mental health and its impact on the workplace: the legal framework

The legal framework governing mental health in the workplace

• Discrimination and mental health
• What is a reasonable adjustment for an employee with a mental health condition?
• WHS Laws and mental health
• The Fair Work Act and mental health
• Pre-employment disclosures: what are the rights and responsibilities of employers and employees?
• Issues relating to remote or isolated work

Brisbane: Leanne Dearlove, Senior Associate, Colin Biggers & Paisley
Sydney & Livestream: Michael Byrnes, Partner, Swaab
Melbourne: Libby Pallot, Principal, Workplace Relations, Employment and Safety, Russell Kennedy
Perth: Rosemary Roach, Partner and Nicholas Beech, Special Counsel, Hall and Wilcox

Designing and implementing mental health and wellbeing programs

Mental Health and wellbeing programs must adapt to the new challenges of hybrid workplaces, reduced physical and social contact with others and increasing uncertainty bring new opportunities, and unintended consequences for us as individuals and as teams in relation to culture, productivity, and engagement.

• Designing an early intervention approach for injury/illness, for mutual good
• Supporting team members through life’s changes
• Implementing best practice for holistic health and wellbeing
• Leadership and management strategies in response to stress
• Recommendations for improving our wellbeing and those of our teams
• Sharing experiences and case examples of successful approaches

Brisbane: Dr Louise Floyd, Associate Professor of Law, JCU; and Barrister, Supreme Court of Queensland
Sydney & Livestream: Sharon Ponniah PhD, Director Health & Wellbeing, Public Policy & Economics, PwC
Melbourne: Christine Yeung, CEO & Founder, Beyond Story

Managing mental wellness in the workplace

Psychosocial risks in the workplace are not new but the COVID-19 pandemic has brought preventing and managing them to the fore, and generated new ones such as mandatory vaccinations and managing return to work of vulnerable workers. The session will focus on:

• Psychosocial hazards: what they are, and what can we do to mitigate them
• What the law now says, including the NSW Code of Practice: Managing psychosocial hazards at work and ISO 45003 Management of Psychosocial Hazards
• Emerging risk areas in this space
• State Regulators' response

Brisbane: Hilary Searing, Partner, Clayton Utz
Sydney & Livestream: Kate Curtain, Senior Associate, Corrs Chambers Westgarth
Melbourne: Catherine Dunlop, Partner, Maddocks
Perth: Eloise Nagel, Senior Associate and Beth Robinson, Special Counsel, Kingston Reid

Managing absenteeism and sick leave due to mental health

Managing long term absences in the workplace is difficult and sensitive when concerning mental health issues. The session will help you understand your rights and responsibilities including:

• Assessing an employee’s fitness to work
• Supervising absenteeism
• Issuing formal warnings
• Dealing with employees who refuse or are unwilling to return to work and lessons from recent cases

Brisbane: Claire Brattey, Special Counsel, Corrs Chambers Westgarth
Sydney & Livestream: Louise Rumble, Partner, Gadens
Melbourne: Emma Moran, Senior Associate, Gadens
Perth: : Jo Alilovic, Director and Cara Leavesley, Special Counsel, 3D HR Legal

Mental Health Prevention Programs – milestones and challenges

Georgie Harman: Chief Executive Officer, Beyond Blue

Termination - when all other options have been explored

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?
• When and how to dismiss a worker with psychological injury, lawfully and fairly

Brisbane: Heinz Lepahe, Partner, HWL Ebsworth
Sydney & Livestream: Lily Schafer-Gardiner, Senior Associate, HWL Ebsworth
Melbourne: Tony Lawrence, Partner, HWL Ebsworth
Perth: Zoe Weir, Partner, HWL Ebsworth

A positive duty to prevent sexual harassment - WHS implications

• Preventing sexual harassment is a front and centre safety issue
• What are the WHS obligations and implications for employers
• Possible legislation amendments to impose a positive duty at federal level to prevent sexual harassment
• What is a positive duty and why hasn’t the positive duty in the WHS laws worked?

Workers’ compensation claims management for psychological injuries

• What are the workers comp psychological injury framework?
• Standard of practice for psychological injury claims
• What is workers compensation claims management?
• Factors which make them succeed or fail
• Different approaches for psychological claims compared to physical injury claims
• Disputes and how the matters are commonly resolve
• The latest trends and cases involving psychiatric injury matters before Workcover

Brisbane: Phillip Carlson, Senior Associate, Insurance and Risk, Hopgoodganim Lawyers
Sydney & Livestream: Brad Stringer, Partner, and Safa Jan, Senior Associate, Moray&Agnew
Melbourne: Madelaine August, Partner, Moray&Agnew
Perth: Joshua Wilcox, Partner, Moray&Agnew

Best practices for conducting effective investigations that best support the mental health and wellbeing of participants 

Claims of stress, anxiety or bullying can often lead to workplace investigations. These investigations can be troublesome, complex, and if done wrong, can lead to further potential legal action. The session will focus on the importance of correct procedure in workplace investigation processes for HR, WHS and legal professionals:

• Duties and obligations employers have to investigation participants
• How to effectively manage workplace investigations
• Confidentiality

Brisbane: Wendy Fauvel, Partner, Herbert Smith Freehills
Sydney & Livestream: Nerida Jessup, Executive Counsel, Herbert Smith Freehills
Melbourne: Lucy Boyd, Senior Associate, Herbert Smith Freehills
Perth: Rachel Dawson, Partner, Herbert Smith Freehills