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SHORT COURSE

Employment law: dealing with senior executives

Explore current issues in Employment Law with leading practitioners, with a focus on the issues in termination and redundancy of senior executives.  Advising on these issues requires increasingly broad understanding of the tactical options that confront a legal advisor. Termination or resignation may be the result of a complaint or bullying claims. Internal inquiries require proper procedure to ensure rights are preserved and protected.

About this course

Employment law issues are a central concern of all management teams and their HR advisers. Employment strategies feed into the culture and mood in the relevant organisation; thus negotiation and resolution may have other benefits beyond the immediate needs of the applicant.  

Leading experts will address the importance of exploring contractual and legislative alternatives including tactical and evidential issues. Steps in devising advice and strategy in negotiations and claims brought by applicants will assist you to develop a nuanced engagement.

 

Four CPD units (one unit per hour)

Program outline

8.45am – Introduction and overview
Chair:  Professor Joellen Riley Munton, UTS Law

 

9.00am - Termination of employment: is it different for senior employees?
Speaker:  Alice De Boos, Managing Partner, Kingston Reid

  • Common contractual issues – available grounds of termination
  • Performance failings
  • Processes and negotiated exits
  • Managing reputations
  • Gardening leave and post-employment considerations.

 

9.55am - Can managers and directors be held personally liable for wage underpayments?
Speaker:  Ingmar Taylor SC, Barrister, Greenway Chambers

  • In what circumstances can a director or manager be penalised for wage underpayments?
  • Can a director or manager also be liable to make good the underpayments?
  • In what circumstances will a tenfold increase in penalties apply?

 

11.05am - Employment law claims – unlocking the potential in applicant claims
Speaker:  Danny King, Principal, Danny King Legal

  • Contract opportunities (the implied terms post-Barker, pesky policies and reasonable notice)
  • Statutory frameworks (unfair dismissal (and constructive dismissal) v the general protections; discrimination; WHS)
  • Levers for a good negotiated outcome. (where priorities for money, reputation and next gigs compete)

 

12.00pm - Restraint of trade issues in termination
Speaker:  Dilan Mahendra, Barrister, Greenway Chambers

  • Limits of time and location
  • Cascading drafting of terms
  • Court willingness to strike conditions down
  • IP protection
  • Client contact and information
  • Data control.

 

12.55pm - Q&A

 

Learning outcomes

  • Better address current concerns of clients
  • Understand the particular issues surrounding termination of key personnel
  • Advise clients on aspects of employee severance.

 

Discounts

A discount of 10% is available to UTS Alumni or UTS Staff enrolling in this short course. If you’re eligible for this discount, please ensure you have provided your UTS Student or Staff ID number in your UTS Open Profile (under ‘A bit about you’).

When signing up for the Session, use the relevant voucher code to apply the discount to your Cart:

  • UTS Student / Alumni: Lawalumni
  • UTS Staff: Lstaff

Please note that there’s a limit of one discount rate per participant.

Who is this course for?

  • General practitioners
  • Employment law specialists
  • Senior managers and leadership teams
  • In-house legal teams
  • Corporate counsel
  • HR directors
  • Insurance lawyers
  • Culture and development mangers
  • Industrial organisers and democratic associations
  • NFP employers
  • C-Suite leadership team.
$484.00

START DATE

11 March

MODE

CBD location

DURATION

4 hrs

Meet the Expert

Professor Joellen Riley Munton

Professor Joellen Riley Munton
UTS Law

Professor Joellen Riley Munton, of the UTS Faculty of Law, 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. 

Her 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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Alice De Boos

Alice De Boos
Managing Partner, Kingston Reid

Alice is a Practice Area Leader of Kingston Reid’s global Labour, Employment and Workplace Safety Group which comprises 45 lawyers in Australia and more than 200 in our offices around the world.  Her expertise includes advice and litigation in employment law, industrial relations, occupational health and safety and equal opportunity law.  Alice is experienced in dealing with all manner of employment issues including executive remuneration, performance management, restraints, restructuring and termination.  

Alice also works extensively with global employers, assisting with the many issues that confront companies employing people across multiple jurisdictions.  With a background in industrial relations, she also works extensively in the development of industrial strategies for clients across the construction, mining, electricity and infrastructure industries.  This includes negotiations with unions, involvement and representation in disputes and the development and implementation of strategic plans.  

A large part of Alice’s focus is on the design and delivery of training programs and sessions for clients.  This includes managing the legal aspects of employment and people management as well as industrial skills and compliance programs. 

Alice’s achievements include:  listed lawyer in Best Lawyers (Australia) for Occupational Health and Safety Law (2015, 2016, 2017);  listed lawyer in Best Lawyers (Australia) for Labour and Employment Law (2013 - 2017);  recognised in Legal 500 Asia Pacific for Employment, 2017;  included on the 2016 Chambers Asia-Pacific list of recognised Employment lawyers;  listed as a ‘Leading Employment Lawyer’ in Doyle’s Guide (2015, 2016, 2017).  Alice is a regular speaker at conferences and seminars in workplace relations and human resources, and is frequently featured in the media including the Australian Financial Review, The Australian, ABC TV and Sky TV providing opinion and commentary on workplace relations matters.

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Ingmar Taylor SC

Ingmar Taylor SC
Barrister, Greenway Chambers

Ingmar Taylor SC was called to the Bar in 1997, and was appointed Senior Counsel in 2012.  He specialises in employment and industrial law, including all matters arising under the Fair Work Act.  He appears for employers, unions, Government and the Fair Work Ombudsman.  

His particular expertise includes cases concerning conditions of employment, enterprise bargaining, dismissal, rights of registered organisations and contracts of employment.  Ingmar also has an extensive workplace health and safety practice, regularly appearing as the prosecutor and for defendants.  In addition to being briefed by solicitors, Ingmar frequently takes direct-access work from experienced industrial relations practitioners and in-house counsel.  Ingmar is also a nationally accredited mediator. 

His approach to each case is structured around the needs and capabilities of his legal team and the client.  Ingmar favours a spirit of collaboration in order to achieve optimal results.  He welcomes input and believes not in sitting behind a desk, but around one.  He immerses himself in the detail, in order to gain the best possible understanding of the matter as quickly as possible.  He is happy to undertake pro bono work for legal centres and actively encourages requests for assistance.  Ingmar is the Editor of the Industrial Reports, and the specialist Industrial Law Editor for the NSW Law Reports.  Since 2012, Ingmar has been the Chair of the Law Council of Australia’s Industrial Law Committee. 

Ingmar is listed by Doyles Guide 2019 as one of six Preeminent Employment Law Senior Counsel in Australia.  He is separately listed as Preeminent Senior Counsel in Workplace Health and Safety Law in NSW.  Ingmar is the Editor of the Bar News, the journal of the NSW Bar Association.

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Danny King

Danny King
Principal, Danny King Legal

Danny founded Danny King Legal in 2011, stepping away from a career in top-tier firms to go out on her own.  Since then, Danny King Legal has transitioned from sole practitioner to an award-winning boutique employment firm in Sydney’s CBD.  The firm has received eight Doyles Guide recommendations since 2015. 

Danny and the firm have been nominated in the Australian, Australasian and Women In Law Awards every year since 2016.  She has casually convened the employment law course at UNSW since 2013, is a long standing member of the Law Society of NSW Employment Law Committee, volunteers on Fair Work Commission pro-bono schemes and presents at CPD seminars across the country.

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Dilan Mahendra

Dilan Mahendra
Barrister, Greenway Chambers

Dilan’s practice is focused on employment law, restraints of trade, administrative law, and commercial/equity law.  Prior to coming to the Bar in 2010, Dilan was a senior associate at Sparke Helmore Lawyers, where he worked in employment and industrial relations law.  Dilan provides a stress-free experience for solicitors who brief him.  He has a clear-thinking and practical approach to litigation.  

Dilan aptly deals with the pressures of litigation and tight deadlines, by employing a calm demeanour and attention to detail.  Dilan is recognised for his strategic approach to litigation and his forensic questioning; he is well prepared for each unique situation and thinks quickly on his feet.  

He is a thorough advocate and is always committed to presenting all available arguments in a persuasive and succinct manner.  Dilan receives consistent positive feedback from solicitors, due to his clients receiving exceptional legal representation.  Dilan is particularly interested in matters involving post-termination restraints.  Since coming to the Bar, Dilan has developed a reputation as a ‘go to’ junior counsel for restraint of trade matters.  Since July 2016, Dilan has been involved in well over 30 restraint of trade matters.  Since 2016, Dilan has been recognised in Doyle’s Leading Employment & WHS Barristers for NSW and Australia.

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Additional Information

Please arrive at 8:30 am for registration. Morning tea will be provided for seminar participants. Disclaimer: While it is the Faculty's intention to provide this program as advertised, UTS reserves the right to alter the program, or to cancel this seminar should the minimum enrolment quota not be met. Please note that all registrations are governed by UTS Short Courses & Conferences’

Book a session

08:45 AM, Wednesday, 11 March
Expert: Professor Joellen Riley Munton
  • Wednesday, 11 March
  • 4 hrs
  • CBD location
  • 8:45am to 1pm, 11 March 2020 | Grace Hotel: 77 York Street, Sydney NSW 2000

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