Recorded Webinar: Termination, Adverse Action and Discrimination Claims: Managing the Risks

Employers and their advisors need to be aware of the risks in terminating employment where the employee might claim discrimination on the grounds of race, sex, age, physical or mental disability or marital status. The general protections provisions of the Fair Work Act add to the web of State, territory and Commonwealth antidiscrimination laws to create a minefield for employers when dismissing employees. This presentation will cover what to do when faced with an adverse action claim based on allegations of workplace discrimination. It includes:

• What employee attributes and activities are protected by these laws?
• How do these protections create exposure in cases of dismissal for conduct, capacity or redundancy?
• How do employers defend these claims?
• Understanding the causal link and reverse onus
• Discrimination, victimisation and adverse action – Are the interpretations under the adverse action provisions consistent with the understanding of anti-discrimination laws?
• Terminating employees - what can you do to reduce your risk of an adverse action claim based on discrimination?
• Case study: termination due to lack of ‘cultural fit’ – understanding the risks
• Recent cases - a review of the key cases and what you can learn