We are delighted to announce Thomson Reuters’ 2nd annual Workplace Bullying, Harassment and Discrimination Conference to be held in March 2021.

Workplace Bullying, Harassment and Discrimination not only leads to psychological harm to employees but can significantly affect your organisation’s reputation. A failure to understand and manage these issues can result in liability for employers and employees involved in a breach.

We look forward to you joining us.

For any event enquiries, please email eventsanz@thomsonreuters.com

Dates & Locations

Brisbane 9 March 2021
Canberra 16 March 2021
Sydney 17 March 2021
Adelaide 30 March 2021
Livestreaming 17 March 2021

Your Investment

$750 + GST

Register Now

For any event enquiries, please email eventsanz@thomsonreuters.com.


Agenda

9:00AM

WELCOME FROM THE CHAIR

Brisbane: Susan Moriarty, Principal, Susan Moriarty & Associates
Sydney: Tim McDonald, Partner, Moray & Agnew
Adelaide: Marie Boland, Marie Boland Workplace Relations
Canberra: chair to be confirmed

9:05AM

What is the law in relation to workplace bullying

The Fair Work Amendment Act 2013 conferred a new anti-bullying jurisdiction upon the Commission. From 1 January 2014 a worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Commission for an order to stop the bullying.

  • What is bullying and what are the laws relating to it?
  • Outcomes of recent workplace bullying cases
  • Workplace bullying claims and how costly they can be

Brisbane: Rohan Tate, Associate, Maurice Blackburn
Canberra: Bede Gahan, Partner, HWL Ebsworth
Sydney: Mia Pantechis, Principal Lawyer, Maurice Blackburn
Adelaide: Clare Raimondo, Partner, HWL Ebsworth (via zoom)

9:45AM

9:45AM WHS perspective on workplace bullying

  • Workplace bullying as a psychological hazard
  • Obligations under WHS laws
  • Approach to workplace bullying by regulators
  • Recent prosecutions under WHS laws

Brisbane: Claire Brattey, Special Counsel, Corrs Chambers Westgarth
Sydney & Canberra: Kate Curtain, Senior Associate, Corrs Chambers Westgarth
Adelaide: Marie Boland, Marie Boland Workplace Relations

10:25AM

NETWORKING AND REFRESHMENT BREAK    

10:50AM

Social media risks for employers and strategies to minimise risk

With social media posts will be deemed as bullying “at work” if the posts are “viewed at work” what are the legal risks associated with improper use of social media at work and outside of work and the strategies to minimise this risk including:

  • When will an employer be vicariously liable for an employee’s social media posts?
  • Issues with online trolls targeting employees and identifying the rights and obligations of employers
  • Developing a legally compliant social media and IT use policy
  • Disciplinary options including termination of employment for inappropriate use of social media

Brisbane: Melanie Thorley, Director, MJTLaw
Canberra: Ian Bennett, Special Counsel Workplace and Emma Gruschka, Special Counsel Workplace, Sparke Helmore Lawyers
Sydney: Michael Byrnes, Partner, Swaab
Adelaide: Claire Brown, Principal Solicitor, KHQ Lawyers (via ZOOM)

11:30AM

How best to manage a sexual harassment incident and preventive measures

Sexual harassment is widespread, according to the Australian Human Rights Commission 39% of women and 26% of men have experienced sexual harassment at work. Managing the complaints process can be difficult and the issues are often complex and emotive. Session to cover

  • Sex Discrimination Act 1984 section 28A and jurisdiction options for harassment claims
  • How to manage an incident and what preventative measures need to be introduced
  • Procedures to be followed when a complaint is made
  • How to act fairly to the alleged victim and alleged perpetrator
  • Getting workplace culture right to prevent unlawful and unfair treatment of employees

Brisbane & Canberra: Christa Lenard, Partner, Kingston Reid
Sydney: Lucy Shanahan, Partner, Kingston Reid 
Adelaide: Nicholas Linke, Partner, Dentons Australia

12:10PM

LUNCH AND NETWORKING BREAK  

1:00PM

How to do misconduct-based workplace investigations 

This interactive session addresses the investigation process can be fraught with traps for the unwary. They can be much more complex and time consuming than initially thought, often with no clear outcome at the end of the process. This session covers the key principles of an effective investigation including:

  • When is a formal investigation required?
  • Insourced or outsourced?
  • The evidence gathering process
  • The importance of record keeping
  • Managing difficult or reluctant witnesses
  • Preparing a report and making a final decision and outcome

Brisbane: Kara Reynolds, Senior Associate, Herbert Smith Freehills
Canberra & Sydney: Kristen Hammond, Senior Associate, Herbert Smith Freehills
Adelaide: Craig Stevens, Director, Authentic Workplace Relations

2:00PM

Performance management when there are allegations of bullying and how to minimise the risk of adverse actions

  • How to minimise the risk of bullying claims made in the context of a performance management process
  • What to do when an employee being performance managed claims they are being bullied
  • What constitutes reasonable management action?
  • Case law update

Brisbane: Tom Reaburn, Senior Associate, McCullough Robertson
Canberra: Adam Battagello, Senior Associate, Landers & Rogers
Sydney: David Davies, Partner, Thomson Geer
Adelaide: Michael Kay, Partner and Practice Leader, Employment and Safety, Wallmans Lawyers

2:40PM

NETWORKING AND REFRESHMENT BREAK 

3:00PM

Proposed Religious Discrimination Bill and implications for employment update

The proposed Religious Discrimination Bill has implications for employment including proposals for certain religious organisations to “hire and fire” employees on the basis of their faith and the controversial “Folau clause” which makes it unlawful for a company with revenue in excess of $50 million to limit an employee’s ability to express their religious views outside work, unless the employer can show this is necessary to prevent “unjustifiable financial hardship” to their business.

Brisbane: Stephen Hughes, Principal Lawyer, Franklin Athanasellis Cullen Lawyers
Canberra: Prue Bindon, Barrister, Key Chambers
Sydney: Jonathan Wright, Director and Principal, Workdynamic Australia

3:40PM

How to build a bullying free workplace culture

Workplace bullying is a serious risk to both mental and physical health and safety. This interactive session will provide you with key approaches to workplace bullying prevention to maintain a healthy workplace culture.

  • Understand the bullying injury cycle, recognise signs when an employee has been targeted by bullying to prevent injury and intervene preventing injury
  • Understand the role of workplace design and positive culture development in creating bullying free, mentally healthy workplaces
  • Implement risk management frameworks that mitigate risk and support creation of bullying free, mentally healthy workplaces

Brisbane, Sydney, Canberra: Michael Plowright, Founder, Working Well Together
Adelaide: Dr Tessa Bailey, Registered Psychologist, Research Associate, Centre for Workplace Excellence, University of South Australia

4:20PM

END OF CONFERENCE