Employment Law - practical skills forum

Programme - Monday 18 August 2025

8.15am - 8.45am Registration

8.45am - 9.00am - Introduction to the day: Chair - Andrea Twaddle

9.00am - 10.30am - Session 1: Employment and Health Matters 

This session will provide practical tools to navigate health-related workplace issues. It will include an overview of the legislative framework, the requirement of good faith, and justification requirements for end of employment and medical incapacity. The presenters will discuss a variety of issues such as drugs and alcohol, family violence leave, mental health, intermittent sick leave, and other common health concerns, and provide practical tips and examples to illustrate how these issues can be addressed in practice. The session will be interactive and provide plenty of opportunity for discussion and Q&A.

Presenters: Hannah King and AJ Lodge

10.30am - 10.50am Morning Tea

10.50am - 12.20pm Session 2: Advocacy Skills in the Employment Jurisdiction

This practical session will enhance your advocacy skills in the employment jurisdiction, with a focus on both the Employment Court and the Employment Relations Authority. Presenters will outline the key differences between the two forums and offer guidance on tailoring your advocacy approach accordingly. The session will cover essential preparation techniques, effective cross-examination strategies, and the application of procedural rules. Whether you are new to employment law or seeking to sharpen your courtroom skills, this session offers valuable insights to support confident and effective advocacy in employment dispute resolution.

Presenters: Tim Clarke and Kylie Dunn

12.20pm - 1.20pm Lunch

1.20pm - 2.50pm Session 3: Consultation and Restructures

This session will provide insights into managing a consultation process and restructure from both sides of the table. The presenters will discuss rights and obligations, explore recent case law, and provide practical points to consider using a case scenario. The session will include:

• Is it worth engaging when consultation appears to be a sham?
• How to deal with the consultation pack – “pre and post”
• Sharing information and managing information requests – what, when, how much and when can the employer say no?
• Managing reconfirmation, re-deployment and wider recruitment
• Position versus the person – selection and pre-selection
• Remedies for breach.

Presenters: Hamish Kynaston and Simon Mitchell KC

2.50pm - 3.15pm Afternoon tea 

3.15pm - 4.45pm Session 4: When Employment Collides with Other Areas of the Law 

Employment lawyers know that often matters can’t be dealt with in isolation. We will look at matters where it may be appropriate to seek employment law advice from another jurisdiction. This session will predominantly look at when employment law collides with other areas of law – criminal, immigration, privacy and health & safety law. We will also look at the current law on when employees’ behaviour outside of work can affect their employment.

Presenters Fiona McMillan and Sarah Townsend

4.45pm - 5.00pm Summary of the Day - Chair

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