Workplace Law in Action: Preventing Legal Risks Before They Arise - 3 program recorded series

Program 1: Navigating the Three Ds in Recruitment: Diversity, Disability and Discrimination

Increasingly organisations are competing for talent and giving out messages about a culture which values diversity and inclusion. But in reality, how far are organisations walking the talk and ensuring their recruitment practices and workplace procedures are compliant with the anti-discrimination laws? This session provides a practical guide to avoiding complaints of discrimination, including:

• The multi-layered anti-discrimination framework and its application to employment
• The difference between direct and indirect discrimination and the test for crossing the line
• Can job advertisements specify particular characteristics for applicants?
• Affirmative action and discrimination distinguished
• Is there an obligation to disclose age, disability or medical information when applying for a job?
• Tips for subverting unconscious bias in recruitment
• Are electronic questionnaires and algorithms used in recruitment discriminatory?
• What can you ask or not ask in interviews?
• The impact of recommendations from the Disability Royal Commission, and other proposed reforms to discrimination laws
• Cases and examples including Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112; Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342; ABCC v Corestaff WA Pty Ltd [2020] FCA 893; Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75

Program 2: Employment Contracts: Navigating End-of-Term Challenges from Day One

An employment contract is vital to the relationship between the employer and the employee. This session examines the problems and pitfalls in drafting employment contracts and the key issues that need to be addressed in your agreement to mitigate risks and ensure a smooth transition when the employment relationship ends. It covers:

• Creation of IP during employment - Who does the IP belong to?
• What you can and can’t do with restraint clauses
• What factors influence reasonableness when constructing restraint clauses?
• Non-solicitation clauses - the right and wrong way of doing
• Protecting an employer’s goodwill - how far will courts go?
• Confidential information and departing employees - extent of employer’s rights

Program 3: The When, How (and By Whom) of Conducting HR Investigations into Workplace Behaviour

When a complaint is made by an employee within an organisation, it is up to HR to get to the bottom of the complaint. Knowing when you need to conduct an investigation is one thing. Knowing how to go about it is a whole other ballgame. This session explores:

• When it is now required to conduct a workplace investigation in light of recent amendments and where the legal obligations now lie
• When it might otherwise be beneficial for a workplace to conduct an investigation
• How to use the findings to address issues or improve workplace culture
• The types of investigations that can be run, the pros and cons of each, how to run them, who they each involve and tips when engaging external third parties
• Key issues which can arise during or from an investigation - dealing with sensitive and/or privileged information, managing reporting and disclosure notifications