Close
My Cart (0 items)

Login to TEN

Privacy Policy
Return
My Cart (0 items)
110043
Recorded Webinars

Recorded Interactive Webinar: The Mismanagement of Disciplinary Procedures and Psychiatric Injury - Do as I Say, Not as I Do

The High Court’s decision in Elisha v Vision Australia Ltd [2024] HCA 50 has reshaped the legal landscape surrounding employer responsibilities in disciplinary procedures. The case serves as a stark reminder that breaching contractual disciplinary procedures can result in signific

Date/Time

About the Webinar

The High Court’s decision in Elisha v Vision Australia Ltd [2024] HCA 50 has reshaped the legal landscape surrounding employer responsibilities in disciplinary procedures. The case serves as a stark reminder that breaching contractual disciplinary procedures can result in significant liability, with the Court awarding $1.44 million in damages for psychiatric injury. Employers must now be more vigilant in ensuring procedural fairness and adherence to employment contracts to mitigate risks. This session delves into the implications of this ruling, offering practical guidance on mitigating risks through effective policy management and adherence to procedural fairness. Key issues covered include:

  • Understanding the Elisha v Vision Australia decision
  • Evaluating how employment contracts that explicitly integrate company policies, especially those related to disciplinary actions, can lead to enforceable obligations, as highlighted in the Elisha case.
  • Strategies to maintain consistency and fairness in applying disciplinary processes, thereby minimizing the risk of breaching contractual obligations and potential liability for psychiatric injuries
  • How deviations from established disciplinary protocols can result in significant damages for psychiatric injury, emphasizing the need for strict adherence to contractual terms
  • Identifying critical considerations when revising employment contracts and disciplinary frameworks to ensure they reflect current legal standards and protect against potential liabilities
  • Practical approaches to ensure compliance with contractual obligations, including regular training and audits, to reduce the risk of litigation related to disciplinary procedures

Presented By

Brett Feltham
Senior Consultant, King & Wood Mallesons Sydney, NSW

Brett is a senior consultant in KWM’s Employee Relations & Safety team.  Brett has a broad range of experience gained from assisting leading Australian and global companies over 25 years of practice in relation to all employment, workplace relations, discrimination and workplace health and safety issues.  

Brett’s practice includes providing all of the usual employment and workplace relations, discrimination and work health and safety assistance to clients, from both an advisory and contentious perspective, and throughout the employment lifecycle.  He regularly advises clients on complex and strategic employment matters, including C-suite level terminations.  Brett also has considerable experience and expertise in relation to cross-border employment arrangements and the employment and securities law aspects of executive remuneration and employee equity and cash incentive arrangements.

Brett is the Co-Chair of the Law Society of NSW’s Employment Law Committee and has a leading role in lobbying and advocating on employment issues on behalf of the legal profession and more generally.  Brett is one of a limited number of Law Society of NSW Accredited Specialists in Employment and Industrial Relations Law, also sitting on the relevant accreditation committee.

Prior to commencing at KWM, Brett was a partner at two leading independent Australian firms, a partner at a global law firm, and led the client facing workplace relations team at a Big 4 professional services firm.

Who Should Attend?

This webinar is suitable for HR professionals and lawyers practising in employment law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

OPTIONAL ONLINE QUIZ

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]

Go to top