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SHORT COURSE

Employment Law: Termination and Redundancy

Develop your understanding of current issues in employment law, focusing on issues related to termination and redundancy of senior executives.

About this course

Employment Law issues are a central concern of management and HR teams. Termination and redundancy decisions can have significant effects on the organisation and workplace as a whole.

In this UTS short course, leading experts will explore adverse actions and proscribed decisions, unfair dismissals, best practice in redundancy and protecting workers from redundancy used as a cover for termination.

Key benefits of this course

This course has been designed to equip you with:

  • Insight into the tactical options available to legal advisors of termination and redundancy issues
  • Strategies to evoke proper procedure whilst preserving and protecting the rights of employees and employers
  • Knowledge of recent case law and outcomes for organisations
  • Continuing Professional Development (CPD)- for NSW lawyers, the Law Society of New South Wales advises: “If this particular educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) “unit” for each hour of attendance, refreshment breaks not included.

Price

Full price: $495 (GST-free)*

*Price subject to change. Please check price at time of purchase. 

Discounts are available for this course. For further details and to verify if you qualify, please check the Discounts section under Additional course information.

Enrolment conditions

COVID-19 response 

Additional course information

Course outline

8.30am - Registration

8.45am - Welcome and introduction

Chair:       Professor Joellen Riley-Munton, UTS Faculty of Law 

9.00am - Adverse Action and Corporate Decision-making; What’s the “Reason” for Action Taken by Multiple Decision-makers or Contributors?

Speaker: David Chin SC, Barrister, 5 Wentworth Chambers

  • Adverse action provisions protect employees, including senior executives, from actions such as termination of employment that are taken for a proscribed reason (such as their exercise of workplace right or because of discrimination on the grounds of race, sex, age etc.)
  • Recent case law on the adverse action provisions in the Fair Work Act 2009 consider how to identify whether an adverse action has been taken for a proscribed reason when there are multiple decision-makers involved in the process leading to the action.

9.55am - Unfair Dismissals – a Year in Review

Speaker: Alexandra Grayson, Partner, Maurice Blackburn Lawyers

  • What do unfair dismissal laws mean for employers and employees?
  • When do they apply?
  • What are the costs provisions?
  • What compensation/settlement terms might be awarded or negotiated?
  • What interesting developments have there been in case law over the past year? 

10.50am - Morning tea

11.10am - Navigating Mental Health Concerns During Termination Processes

Speaker: Danny King, Principal, Danny King Legal

  • Identifying mental health risks in employees, and increased stressors in termination contexts
  • Specific steps to incorporate into performance and conduct management processes where mental health is a concern
  • Best practice measures for redundancy processes
  • A case for deploying respectful responses to claims arising from termination, where the applicant is demonstrating mental health vulnerability.

12.05pm - Using Redundancy as a Cover for Termination

Speaker: The Hon Peter Sams AM, Former Deputy President, Fair Work Commission

  • Sham redundancy v legitimate business needs – signs to look for
  • Offering redundancy to ameliorate adverse consequences of dismissal for cause or admitted serious and wilful misconduct
  • Voluntary or forced redundancy
  • Refusing reasonable alternative employment – principles to consider
  • Demonstrating extent of consultation before firm decision. 

12.55pm - Q & A

1.00pm - Close

Course learning objectives

This short course will equip participants with:

  • Insights into the origins and ramifications of termination and redundancy issues in light of recent cases and legislative developments
  • Awareness of cultural and managerial implications of employment law related decision-making
  • Understanding of contractual and legislative alternatives available to address strategies and claims.

Requirements

Mandatory

To complete this online course, you will need a personal computer with adequate internet access and sufficient software and bandwidth to support web conferencing. You will also require an operating system with a web browser compatible with Canvas, Zoom and Microsoft Teams.

Discounts

Discounts are available for this course as follows:

  • 10% discount for 2-4 participants from the same organisation
  • 15% for 5+ participants from the same organisation
  • 10% discount for UTS alumni and staff

Discounts cannot be combined and only one discount can be applied per person per course session. Discounts can only be applied to the full price. Discounts cannot be applied to any offered special price. 

Multiple enrolments from the same organisation

To take up this offer, email law.shortcourses@uts.edu.au with

  • Your organisation’s name,
  • The course name and date and
  • The number of people you’ll be enrolling (minimum of 2 participants).

UTS staff only: how to enrol and obtain your UTS staff discount UTS alumni and staff

Please contact the team at support@open.uts.edu.au with your student or staff number to request your discount voucher code. 

If you have forgotten your UTS student number, email support@open.uts.edu.au with your full name, UTS degree and year of commencement.

How to apply your discount voucher 

  • If you are eligible for a UTS alumni or student discount, please ensure you have provided your UTS student number in your UTS Open Profile(under “A bit about you”). If you are an alumni and have forgotten your UTS student number, email support@utsopen.uts.edu.au with your full name, UTS degree and year of commencement  
  • Add this course to your cart 
  • Click on "View Cart" (blue shopping trolley at top right of screen). You will need to sign in or sign up to UTS Open 
  • Enter your eligible code beneath the “Have a code?” prompt and click on the blue "Apply" button 
  • Verify your voucher code has been successfully applied before clicking on the blue "Checkout" button.

Contact us

Who is this course for?

This course is particularly suitable for:

  • General practitioners
  • Employment law specialists
  • Senior managers and leadership teams
  • In-house legal teams
  • Corporate counsel
  • HR directors
  • Culture and development managers
  • Industrial organisers and democratic associations
  • NFP employers
  • C Suite leadership team.
$495.00

START DATE

16 March

MODE

Online

DURATION

4 hrs

COMMITMENT

4 hrs

Make an enquiry

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Meet the Experts

Professor Joellen Riley Munton

Professor Joellen Riley Munton
Professor – UTS Faculty of Law

Joellen holds degrees in law from the Universities of Sydney and Oxford, and has been teaching and researching in the field of employment and labour law since 1998.  She studied law after a number of years as a financial journalist, and spent some time in commercial legal practice. 

Joellen’s academic career includes some years in the Law Faculty of the University of New South Wales where she taught corporate and commercial law, six years as Head of School and Dean at the University of Sydney, and an active research profile in workplace law and practice.  She is admitted as a legal practitioner, with consultancy experience in aspects of law related to people management.

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David Chin SC

David Chin SC
Barrister, 5 Wentworth Chambers

David was admitted to the Bar in 2001. He practices nationally, primarily in the areas of industrial and employment law, work health and safety law, and discrimination law; and represents employees, employers, trade unions, public regulators and others in a variety of state and federal courts and tribunals. He is an Adjunct Senior Lecturer at the University of Sydney, and co-author of The Modern Contract of Employment with Ian Neil SC, the second edition of which was published by Thomson Reuters Australia in 2017.

David is included in the 2020, 2021 and 2022 ‘Best Lawyers’ list for labour and employment law (published in the AFR), is listed by Chambers & Partners in their barrister rankings for employment law, and is recommended in the employment law section of Doyle’s Guide.

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Alexandra Grayson

Alexandra Grayson
Partner, Maurice Blackburn Lawyers

Alexandra (Alex) Grayson is a Principal Lawyer who manages the Employment and Industrial Relations Practice of Maurice Blackburn's Sydney office. She has over 26 years' experience in industrial relations, including over 16 years as a labour lawyer. Doyle’s Guide lists Alex as a leading lawyer for employees and trade union representation in NSW and Australia and her team as one of the top law firms for employee & trade union representation in NSW. Alex is a passionate and committed lawyer with a keen interest in social justice and industrial relations.

For the last three years Alex has been running the Aged Care work value case for some of the most underpaid, under recognised and underestimated workers in Australia. This resulted in the recent award of an interim increase of 15% for these workers with more to come after further hearings. A significant focus of her strategy in the Aged Care case has been to base the claim on the gendered undervaluation of these workers, many of whom are from a CALD background.

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Danny King

Danny King
Principal, Danny King Legal

Danny King is Principal and Founding Partner of Danny King Legal (DKL).

In 2022, DKL was recognised as Boutique Diversity Law Firm of the Year for the second year running. Danny is particularly proud of this accolade, as it reflects more than just her business’ successes, but its culture of inclusion and embracing difference.

In addition to her legal work, Danny is a well-respected educator and sought-after speaker for CPD and media engagements. She is a long-standing Employment Law Committee member for the Law Society of NSW. Danny is recognised as a pre-eminent practitioner by Doyle’s Guide for Australia, the highest listing of any woman in her area of focus. Being neurodivergent herself, Danny is particularly keen to support a future in the legal industry where neurodiversity is better accommodated.

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The Hon Peter Sams, AM

The Hon Peter Sams, AM
Former Deputy President, Fair Work Commission

Peter was appointed to Fair Work Australia in 2010 after 11 years as Deputy President of the Industrial Relations Commission of NSW. He was Secretary of the Labor Council of NSW between 1994 and 1998, having served as Industrial Officer, Organiser and Assistant Secretary between 1982 and 1994 and President of the NSW ALP between 1997 and 1998. His responsibilities at the Fair Work Commission included membership of the Major Resources/Infrastructure Project Panel and the Transport, Agriculture, Mining and Services Industry Panel. He is a former director of Sydney Water Corporation, Federal Airports Corporation, the Maritime Services Board of NSW, Chifley Financial Services and Labour Union Insurance.

Since retiring from the FWC, Peter has established a company – PJ Sams Employment & IR Services, providing strategic advice to many parties and organisations. He also facilitates enterprise agreement negotiations and workplace disputes and undertakes conciliations, mediations and workplace investigations.

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Book a session

Thu 16 Mar 2023 -
Thu 16 Mar 2023
Expert: Professor Joellen Riley Munton, David Chin SC, Alexandra Grayson, Danny King, The Hon Peter Sams, AM
  • Online via Zoom
  • Online
  • 1 session, 4 hours total

Self-managed enrolments close at 11.59pm AEDT on 15 March 2023.
If you anticipate a late enrolment, please email Law Short Courses

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Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.

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