Terminating Employees: Getting it Right When It's Over - recorded online lunchtime conference

Duration: 2.5 Hours

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Navigating the Limits of Unfair Dismissal Claims

The goalposts for unfair dismissal claims are constantly shifting. This session gives an update on recent unfair dismissal cases, with a focus on recent areas where employers have come unstuck. It covers:

• Grounds for termination – do you have a valid reason to dismiss an employee?
• Can a failure to follow lawful and reasonable direction justify dismissal?
• Harsh, unjust and unreasonable? Understanding its scope
• Navigating constructive dismissal claims
• When does demotion constitute dismissal?
• Unlawful dismissal claims and “a chance to resign”
• Tools to mitigate risk of unfair dismissal claims
• Update on trends and statistics in the unfair dismissal jurisdiction
• Lessons from recent cases

Session 2: When Your Data Flies out the Door with a Departing Employee

A significant and recurring problem for businesses is the loss or misuse of data including confidential information, especially when an employee is departing the organisation. Responding swiftly is critical, as is taking steps to mitigate against the risk in the first place. This session covers:

• Understanding an employee’s obligations with respect to confidential information and trade secrets
• Best practice for return of property and data prior to employee exit, reinforcing obligations, at exit, forensic examination of devices
• Strategies for recovery of data from an employee, including seeking undertakings, search orders, injunctions
• Reviewing the contract of employment and policies and procedures, to ensure the business is adequately protected
• Training employees to understand and abide by their obligations with respect to confidential information, and reinforcing their understanding upon exit

Session 3: Redundancy and Restructuring: When The Going Gets Tough

Redundancies and corporate restructuring are a grim reality of our current economic times. Before the process starts, you need to be sure that you have met your obligations. Otherwise, you risk a costly unfair dismissal claim. This session guides you through your obligations and how to best mitigate your risks. It covers:

• The distinction between a genuine and non-genuine redundancy
• Managing the risks of an adverse action or discrimination claim following redundancy
• Is the employee covered by an enterprise agreement or modern award?
• The obligation to consult:
  • When are you required to consult?
  • What is effective consultation?
  • Penalties for failing to consult
• Redeployment issues
• Determining redundancy entitlements
• Section 120 of the Fair Work Act and seeking reductions in redundancy entitlements
• Case update