Workplace Bullying & Harassment Conference Legal obligations, best practices and mitigating workplace risks

8:30 AM 

Registration Opens

9:00 AM

Welcome from Conference Chair

Justin Penafiel, Founding Principal, J Penn Co Lawyers    

9:05 AM

Legal Changes - What are the laws in relation to workplace bullying, harassment, and discrimination?

- The Federal Government’s Anti-Discrimination & Human Rights Legislation Amendment (Respect at Work) Bill 2022 - Why it is a game changer requiring a totally new approach by organisations

- NSW stop-bullying orders - What is bullying, harassment and discrimination

- NSW Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 changes and increased role of the NSW IRC

- NSW Industrial Relations Commission (IRC)

- Recent case law and case studies

Lauren Trickey, Senior Associate, Employment and Industrial Relations Law, Seyfarth Shaw Australia

9:45 AM

Recent Learnings from SafeWork Dealings - How the Regulator is Approaching Psychosocial Hazards? 

- Monitoring compliance with the new legislative changes across Australian jurisdictions

- Alignment with WHS Codes of Practice and national reforms

- Emphasis on employers’ positive duty to identify and manage psychosocial hazard of bullying and harassment before harm occurs

- Increased enforcement activity inspections, notices, and prosecutions

- Scrutinising policies, workloads, leadership practices, and reporting systems

Michael Starkey, Senior Associate, Baker & McKenzie

10:25 AM

Networking and refreshment break

10:50 AM

Positive duty enforcement, Respect@Work and workplace sexual harassment proactive prevention

- Proactively prevent sexual harassment, sex-based discrimination, and victimisation

- The Australian Human Rights Commission’s enforcement of the positive duty and powers to investigate, issue notices, and support businesses to meet their obligations

- Sexual harassment training, managing complaints preventing victimisation

- Case examples of sexual harassment claims in the Fair Work Commission and review of recent claims in the courts

Kristen Lopes, Partner, Colin Biggers & Paisley

11:30 AM

The blurred line: out-of-hours conduct by an employee

-  When is an employee ‘out of hours’?

-  Can their conduct amount to workplace bullying or harassment?

-  Practical steps to regulate work functions, online/social media, group chats

-  Recent case law  

Seamus Burke, Partner | Workplace, Sparke Helmore Lawyers

12:10 PM

Lunch and networking break

1:00 PM

Complaint handling: What to do when you receive a complaint about bullying and harassment

- How to receive the complaint

- How to assess the complaint

- Critical initial steps in complaint handling

- Setting up the framework for handling the complaint correctly, fairly and safely

- Critical communication

- Looking at resourcing and training complaint receivers

James Mattson, Partner, Bartier Perry

1:40 PM

How to conduct an effective misconduct-based workplace investigation when harassment and bullying is alleged

- What might trigger an investigation?

- How to navigate misconduct-based workplace investigations?

- Overview of investigation process- when, where, how?

- Can you investigate without receiving a complaint?

- What does a good investigation look like?

- Managing difficult or reluctant witnesses

- Preparing a report and making a final decision and outcome

Gella Rips, Director & Principal, Workdynamic Australia

2:20 PM

Drafting policies, procedures to set out clear expectations

- Building systems to prevent bullying and harassment.

- From drafting to implementation.

- Employee secret recordings

- Importance of leaders to model appropriate workplace behaviour

Brigid Maher, Partner, Baker & McKenzie

3:00 PM

Networking and refreshment break

3:20 PM

Mitigating risks in relation to termination of employment

- Performance vs. conduct issues: what’s the difference?

- What is considered serious misconduct?

- Following an appropriate disciplinary process

- Mitigating the risk of termination-related claims

Talia Firth, Partner, Ashurst

4:00 PM

Litigation, penalties and costs

-The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 what does it mean for respondents/employers for costs orders in sexual harassment litigation

- Due diligence on all aspects of a complainant’s allegations

- Possible negative costs orders and whether they may be in a position to obtain costs

Kiri Jervis, Partner, Hamilton Locke

4:40 PM