Recorded Webinar: When the Lawyers Come Hunting: Termination, Reverse Onus and Adverse Action Claims in Employment Disputes

Wednesday 14th September 2016

Duration: approx 2 hours

About the webinar

When considering termination of an under-performing employee, a key question is how to do it without attracting a successful adverse action claim. The savvy employee, or their lawyers, will know how to set themselves up to use the adverse action provisions as a weapon. What does the employer need to do to “prove” its case? The reverse onus places challenges on employers when terminating employment.  This presentation will examine how to deal with the lawyers when they come hunting to prove an adverse action claim and get their client damages.  It covers:

  • What type of complaint or enquiry is necessary to ground an adverse action claim?
  • Understanding the motive and the relevance of motives of the decision maker
  • Whose motives are relevant?
  • Discharging the reverse onus – how do you do it?
  • Damages– how to reduce your exposure
  • Deed of settlement and release when terminating an employee – the risks and benefits
  • Recent cases: what have the HCA and FCA had to say?

Who should attend

This webinar is suitable for HR professionals, in-house Counsel 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.

Tony Lawrence, Partner, HWL Ebsworth Lawyers, Melbourne 

Tony Lawrence is a Partner of the Workplace Relations & Safety Group and he has over 25 years experience in employment/industrial law, occupational health and safety law and anti-discrimination law.

He has an extensive advice and litigation practice in Federal and Victorian Courts and in tribunals and commissions including the Fair Work Commission, the Victorian Civil and Administrative Tribunal, the Australian Human Rights Commission and the Victorian Equal Opportunity and Human Rights Commission.

Tony’s extensive litigation practice is built on his years as a Barrister at the Victorian Bar practising in his areas of specialisation and his representation of employers and employees and their respective organisations and associations across a broad range of industries including manufacturing, transport, construction, health, security, education, telecommunications and essential services.

Immediately prior to joining HWL Ebsworth, Tony held the independent statutory office of the Victorian Workplace Rights Advocate. In this position, Tony advised the Victorian Minister for Industrial Relations on industrial relations arrangements and practices in Victoria. He also conducted investigations in relation to illegal and unfair employment practices in Victoria and conducted seminars across Victoria informing and educating employees and employers about their rights and obligations under federal and Victorian workplace laws including anti-discrimination and OH&S laws.

Tony is also a highly respected mediator and negotiator and has extensive experience in dispute resolution.
Product Code: WBKSEP16
 Price:  $253.00 (Inclusive of GST)
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