Mental Health & Employment Law Conference Legal obligations for psychosocial risks, mental health & employment law

8:30 AM 

Registration Opens

9:00 AM

Welcome from Conference Chair

9:05 AM

Dealing with workplace bullying in the workplace

This session will examine workplace bullying and how employment law responds to this nuanced issue, including: 

- Current cases

- Usefulness of the FWC jurisdiction

- Limitations on outcomes

- Exploring outcomes outside of the FWC jurisdiction

Brigid Maher, Partner, Baker McKenzie

9:45 AM

WHS: Managing psychosocial risks: A practical review 

- Key duties and obligations of employers and employees

- What is psychological safety?

- Code of practice: managing psychosocial hazards at work

- A practical perspective on WHS compliance 

Kate Curtain, Special Counsel, Kingston Reid

10:25 AM

Networking and refreshment break

10:50 AM

Mental health and employment law: How has the law responded to the rise in mental health issues at work?  FWC Perspectives 

With mental health being identified as a key concept in employment law, this session will examine the key updates and changes that all HR and legal practitioners will need to know. The session will also provide an in-depth review of general protection and adverse actions.

Sarah Wood, Principal, Gilchrist Connell Lawyers

11:30 AM

Positive duty and workplace sexual harassment prevention

- Outlining the key reforms to the prohibition against sexual harassment in the workplace

- Case examples of sexual harassment claims in the Fair Work Commission

- Update on the Australian Human Rights Commission’s enforcement of the positive duty

- Strategies for implementing a preventative approach in the workplace

- What’s next - additional recommendations from the Respect@Work report

Kristen Lopes, Principal, Colin Biggers & Paisley

12:10 PM

Lunch and networking break

1:00 PM

Reasonable Adjustments & Flexible Working Arrangements - Applying Foundational Principles to Mental Health at Work 

- Employers’ legal obligation to provide reasonable adjustments through flexible work arrangements, reduced workloads, and job redesign 

- Employers' ability to refuse requests based on "reasonable business grounds"

- Protection from dismissal

- Suitable duties and reasonable adjustments

- Conflicts over what constitutes a "reasonable" adjustment 

Michael Nguyen, Senior Associate, People + Culture Strategies 

1:40 PM

How to manage grievances and conduct an effective workplace investigation involving mental health considerations

This session will focus on the importance of planning, best practice, and transparency in workplace investigation processes for both HR and legal professionals - exploring why we investigate, and outlining when to investigate, how to investigate and how to navigate commonly encountered roadblocks. The session will cover:

- Why it matters - legal, commercial and people considerations
- Receiving a grievance - best practice tips to minimise risk from the outset
- Triaging a grievance and considering alternatives - an investigation is not always the best option
- Pre-investigation steps - identifying risks to those involved and considering working arrangements
- Investigation principles - practical steps to ensure an effective process
- Investigations best practice:
   - When to outsource
   - AHRC guidelines: person-centred and trauma-informed processes
   - Providing appropriate supports
- Key takeaways and actions - review of existing systems, policies, and procedures

Alina Kaye, Partner, The Workplace Employment Lawyers

2:20 PM

Termination - preventing Unfair Dismissal and Adverse Action

- When is it reasonable for the business to terminate and under what circumstances? 

- If termination is the only option at the end of an investigation or an evaluation of inherent requirements, what is the correct process to prevent claims of unfair dismissal or discrimination? 

- What can you do if a grievance claim arises from performance management when mental health issues are involved?

- General protections provisions preventing termination due to mental health issues

Jessica Phillips, Senior Associate, Sparke Helmore Lawyers

3:00 PM

Networking and refreshment break

3:20 PM

Practical considerations in developing a drug and alcohol policy and managing workplace addiction

Workplace addiction impacts productivity, workplace health & safety, and costs Australian companies million every year

- What are the key considerations of management of addictions in the workplace
- Balancing employee’s right to privacy and procedural fairness and employer obligations to provide a safe environment
- Practical considerations of policy implementation, and for managing a positive test
- Relevant case law and outcomes when positive drug tests get challenged in court

Dominic Fleeton, Partner, K&L Gates

4:00 PM

Returning to work after psychological injury - balancing obligations when facilitating a return to the workplace

Employers are aware that to meet their safety obligations it is crucial that their employees are fit for work. However, successfully integrating an injured worker back into the workplace after sustaining a psychological injury and doing so in a manner that is psychologically safe for everyone involved in the process can be tricky. This session focusses on practical considerations when facilitating a return to work including the need for workplace policies, fitness for work procedures, making reasonable adjustments and flexible work arrangements and navigating complex situations where there are competing obligations to employees and the business

Sina Zevari, Partner, Emplawyer

4:40 PM