Articles & Papers

On 15 September 2023 Elizabeth Devine presented this paper to The Law Society of Tasmania’s Employment Law Conference in Hobart, Tasmania.

Management of long-term injured employees is one of the most complex aspects of employment law. This is because the employer needs to be aware of, understand and traverse a myriad of different laws. Not only must the employer be mindful of the risks of an unfair dismissal or general protections claim; they must also consider the impact of anti-discrimination law, work health and safety law and workers compensation law. In addition to understanding and applying the law, employers will often have to grapple with an array of often complex medical and capacity issues as well as the challenges of gaining the cooperation of employees and their treating doctors.

This paper examines the legal and practical aspects of making sound, defensible and legally compliant decisions when managing long-term injured employees, including decisions about whether, or not, to dismiss an ill, injured or otherwise disabled employee.

On 27 July 2023 Elizabeth Devine presented this paper to The Education Network’s Employment Law Conference at the Palazzo Versace on the Gold Coast, Queensland. It was a reprise of a webinar presentation made in February 2023 reflecting the law as at July 2023.

The emergence of COVID-19 in early 2020 had a radical impact on Australian society and its workplaces. Employers who had previously resisted agreeing to their employees working from home suddenly saw the merit in doing so. COVID-19 presented an opportunity for employers and employees to look at how work is performed in a new way. While some employers have insisted that the pre-COVID-19 norm be restored, others have embraced different models of work.

In the Australian workplace space, flexibility has been a priority for more than 30 years. What began in the early 1990’s with a focus on the flexibility that employers sought from workers has evolved into a system that also recognises the flexibility that employees seek from employers.

In 2023 workplace regulation of flexibility is undergoing further evolution in the form of new provisions of the Fair Work Act 2009 in relation to the well-established right to request flexible working arrangements.

This paper explains the legal and social framework in which the trend toward flexible working operates and the many different types of flexible work arrangements. It then discusses the current workplace regulation and the changes which took effect in June 2023. It then examines on what basis an employer might require an employee to work in a particular place, explores what employers need to bear in mind when managing overtime and provides practical tips on how employers and employees can further develop their approach to flexible working.

When news broke in 2020 that a workplace investigation had found that a former High Court Judge had been found to have engaged in sexual harassment of six associates, many people within and outside of the legal profession were shocked that such conduct had been found to have happened in the highest echelons of the profession.  However, for those who have experienced sexual harassment in the profession or are otherwise aware of its prevalence, the ‘news’ was not a surprise.  What made the High Court’s conduct in response to the findings of the investigation newsworthy was that the Court took responsibility for the conduct and acted as a role model for the legal profession and beyond for how employers can respond effectively to such conduct.

Bullying, harassment and discrimination in the legal profession, as in society at large, is nothing new.  They are each behaviours which remain pervasive despite more than 40 years of anti-discrimination legislation and case law and 20 plus years of enterprise specific work health and safety legislation.  They have remained pervasive despite innumerable employment policies and training sessions in workplaces across Australia and despite it being a condition of legal practice that solicitors and barristers not engage in bullying, harassment and discrimination.

This paper provides a snapshot of bullying, harassment and discrimination in the legal profession and explains what each of these behaviours are in a legal context.  It then endeavours to answer the question – why does bullying, harassment and discrimination prevail in the legal profession and what can be done about it?

This paper was presented at a webinar hosted by TEN The Education Network on 30 March 2023.

The emergence of COVID-19 in early 2020 had a radical impact on Australian society and its workplaces.  Employers who had previously resisted agreeing to their employees working from home suddenly saw the merit in doing so.  COVID-19 presented an opportunity for employers and employees to look at how work is performed in a new way.  While some employers have insisted that the pre-COVID-19 norm be restored, others have embraced different models of work.

In the Australian workplace space, flexibility has been a priority for more than 30 years.  What began in the early 1990’s with a focus on the flexibility that employers sought from workers has evolved into a system that also recognises the flexibility that employees seek from employers.

In 2023 workplace regulation of flexibility is undergoing further evolution in the form of new provisions of the Fair Work Act 2009 in relation to the well-established right to request flexible working arrangements.

This paper explains the legal and social framework in which the trend toward flexible working operates and the many different types of flexible work arrangements.  It then discusses the current workplace regulation and the changes which will take effect in June 2023.  It then examines on what basis an employer might require an employee to work in a particular place, explores what employers need to bear in mind when managing overtime and provides practical tips on how employers and employees can further develop their approach to flexible working.

This paper was presented at a webinar hosted by TEN The Education Network on 18 February 2023.

The term ‘workplace investigation’ is used in many Australian workplaces and by many employment lawyers to refer to a process which is used to make a determination, usually in the context of allegations of misconduct.  Workplace investigations are often but not always a process which is an exercise of employer discretion; they may be a requirement of an enterprise agreement or a binding employer policy and procedure.

While legal principles provide a useful benchmark against which a workplace investigation takes place, to ensure that they are conducted in a fair and appropriate way it is critical that employers, parties and investigators understand that the process is one which occurs in a workplace and not a Court room or a police interrogation and that it is an inquiry, not an adversarial process.

This paper discusses workplace investigations from a best practice perspective; providing insights drawn from the author’s more than 25 years’ experience as an employment lawyer and workplace investigator and from research on conflict management.  The paper includes a discussion of particular rules which apply to investigations conducted in the whistleblower/public interest disclosure space and recent case law.

This paper was presented at the Employment Law Conference hosted by Legalwise Seminars in Sydney on 8 September 2022.

Workplace conflict is capable of having both positive and negative outcomes depending on how it is managed.  It is not the conflict itself but how employers and employees prepare for and respond to conflict that is central to whether or not the needs and interests of those involved and impacted by conflict will be met and whether a resolution can be achieved.

The effective management of workplace conflict in the early 21st century is not achieved by accident; it requires planning, resourcing and the development of individual and organisational capability (‘conflict competency’).  It involves more than a set of rules that employees are told to follow; it requires a fundamental understanding of human behaviour and the application of advanced skills in influence and persuasion.

This paper begins with a discussion of the legal framework in which workplace conflict is managed.  Consideration is then given to elements of workplace conflict which make it a complex situation warranting a complex response and to the mindset, skills and systems needed to ensure that workplace conflict is managed effectively.  One of the most pressing aspects of workplace conflict – psychological safety and the ramification of psychological injury – is then examined.  The paper concludes with a consideration of recent case law relevant to these themes.

This paper was presented at the Public Sector Workplace Skills and Management Strategies seminar hosted by Legalwise Seminars in Sydney on 18 August 2022.

After more than a decade of relative stability in Australian employment law, the past two years have seen significant developments in several different components of employment law.

This paper begins with a refresher about the three key elements of employment law and how they interact with each other (common law, legislation and industrial instruments).  It then provides a roundup of recent developments, focusing particularly on casual employment, pychological safety, the Respect@Work Report and the legislative amendments which have been made as a consequence of that report.  Significant and interesting employment law decisions handed down in the past 12 months are also discussed. 

This paper was presented at a CLE seminar hosted by Legalwise Seminars in Sydney on 31 March 2022.

Management of long-term injured employees is one of the most complex aspects of employment law because employers need to be aware of, understand and traverse a myriad of different laws.  Not only must the employer be mindful of the risks of an unfair dismissal or general protections claim; they must also consider the impact of anti-discrimination law, work health and safety law and workers compensation law.  In addition to understanding and applying the law, employers will often have to grapple with an array of often complex medical and capacity issues as well as the challenges of gaining the cooperation of employees and their treating doctors.

This paper examines the legal and practical aspects of making sound, defensible and legally compliant decisions when managing long-term injured employees, including decisions about whether (or not) to dismiss.  It begins with a discussion of the range of laws that employers need to be mindful of and then examines the practical ways they can ensure compliance with the law when making decisions that serve the needs of the business/organisation and are respectful of employees. 

This paper was presented at an Employment Law Conference hosted by TEN The Education Network in Melbourne on 11 March 2022.

COVID-19 has brought about radical changes in the way that many of us work.  These changes represent both a risk to and opportunity for psychological safety n the ‘new normal’ hybrid workplace.

This paper discusses what psychological safety is and why it is important, what it looks like in a hybrid and evolving workplace, risks and opportunities for psychological safety in 2021 and beyond, case studies and practical tips and strategies for managers.

This paper was presented at the Mental Health and Employment Conference hosted by Thomson Reuters on 21 October 2021.

With a lower profile than unfair dismissal claims, general protections claims often operate ‘under the radar’ for many employers. As a consequence, those same employers may be taken when an employee makes a claim and find themselves unable to mount a satisfactory defence because they did not turn their mind to the particular characteristics of such matters at the time they took action which was adverse to the employee.

General protections claims are distinguished from other dismissal remedies by the presumptions which apply to them – that a prohibited reason need only be one of the reasons why adverse action was taken and the rebuttable presumption that the adverse action must have been taken for the prohibited reason (provided that the employee satisfies preliminary criteria).  

This paper explains the various type of general protections claims which may be made, outlines the process involved with such claims, identifies the key ‘traps’ for employers in general protection matters, discusses relevant case law, examines a number of case studies and provides practical tips about how employers may avoid or minimise the risk of a claim or an unfavourable finding being made.

This paper was presented at a webinar hosted by TEN The Education Network on 25 August 2021.

In the weeks following the declaration of the COVID-19 pandemic on 11 March 2020, many Australian employers were confronted by a sudden downturn in business and the need to make quick decisions to preserve their business.  Many responded without due regard to existing employment law.  When others sought advice about their options to stand down or dismiss employees, their advisers were confronted by the fact that there was little available guidance in legislation and case law due to the unprecedented nature and impact of the pandemic; a situation which was to some extent alleviated by the JobKeeper temporary amendments to the Fair Work Act and by a number of significant decisions subsequently handed down by the Federal Court and the Fair Work Commission.

This paper discusses the laws which employers need to be mindful of and compliant with when making decisions about whether to stand down or dismiss an employee for operational reasons (redundancy) and both the realised and latent legal risks which employers will likely confront for many years to come.

This paper was presented at the Workplace Law Conference hosted by Legalwise Seminars in Sydney on 12 November 2020.

 In the weeks following the declaration of the COVID-19 pandemic on 11 March 2020 Australian employers and their legal advisers were confronted by the fact that our employment laws were not prepared for a pandemic.  In this context, some employers made rash decisions and some of these decisions were unlawful.  Other employers were left uncertain about what they could and could not do.

In response to the challenges posed by the pandemic, Federal and State governments, the Opposition, unions and employer associations and others worked hard to make changes to the law, in an effort to save jobs and ensure that workers were protected from exploitation.  The Fair Work Commission decided to make temporary changes to Modern Awards.

This paper provides an overview of the broader employment framework in which the recent changes operate, a summary of the temporary changes to the majority of Modern Awards and the Fair Work Act 2009.  It concludes with a question and answer section.

This paper was presented at a webinar hosted by Legalwise Seminars on 29 April 2020.

All practising lawyers must comply with a myriad of legal and ethical obligations.  Government lawyers also have other obligations which are specific to the sector in which they work.

The recent High Court decision in Comcare v Banerji is significant not only because it is illustrative of the many duties that government sector employees must be mindful of and comply with but also because it is emblematic of the long-standing tension between the rights and freedoms of an individual and their obligations as an employee; a tension which has found itself the subject of a modern twist with the emergence of social media in the past 10 years.

This paper outlines the legal and ethical framework in which government sector lawyers practice their profession, explains the background to and the decision in Comcare v Banerji and its implications.  It concludes with practical tips to decrease the risk of breaching obligations.

This paper was presented at the 6th Annual Government Law Conference hosted by Legalwise Seminars in Sydney on 11 March 2020.

This paper discusses the extensive number of Federal, State and Territory anti-discrimination laws, with a particular focus on defences, exceptions and exemptions.

This paper was presented at a seminar hosted by Legalwise Seminars in Sydney on 19 March 2020.

The dismissal of ill, injured and otherwise disabled employees is one of the most complex dismissal processes an employer will undertake.  This is because the employer needs to be aware of, understand and traverse a myriad of different laws.  Not only must the employer be mindful of an unfair dismissal or general protections claim, they must also consider the impact of anti-discrimination law, work health and safety law and workers compensation law.  In addition to understanding and applying the law, employers will often have to grapple with an array of often complex medical and capacity issues as well as the challenges of gaining the cooperation of employees and their treating doctors.  This paper examines both the legal and practical aspects of making a sound, defensible and legally compliant decision about whether, or not, to dismiss and ill, injured or otherwise disabled employee.

This paper was presented to Legalwise Seminars’ Workplace Law Conference in Sydney on 9 March 2018.

In a society in which we are constantly reminded of our own ‘rights’ and the ‘rights’ of others, it can be novel to take time out and remind ourselves of the importance of what is involved in ensuring that we do the ‘right thing’. While ethics in legal practice is often a straightforward matter when things are going well, it can become more challenging when we are under pressure.  To ensure ethical practice, we need to not only understand the principles; we also need to recognise the barriers to ethical practice and be equipped to overcome those barriers. This paper discusses the rules which apply to key ethical issues in legal practice, considers practical examples of ethical issues in legal practice, examines the barriers to ethical practice and proposes practical solutions to ethical challenges.

This paper was presented to members of the Clarence Professional Group in Sydney on 13 March 2018.

The effective management of workplace conflict in the 21^st century is not achieved by accident.  Rather it requires planning, resourcing and the development of individual and organisational capability (‘conflict competency’).  It requires an embrace by employers and employees of a learning mindset which prioritises communication and other skills as well as the achievement of understanding.  It involves more than a set of rules that employees are told to follow; it requires a fundamental understanding of human behaviour and the application of skills in influencing and persuasion.  This paper discusses the government sector’s legal and ethical framework for managing workplace conflict and a range of legal and other perspectives on workplace conflict.  consideration is then given to the four stages of organisational responses to workplace conflict, following by a detailed explanation of the key elements of best practice in managing workplace conflict; in particular the essential role of conflict assessment and the broad spectrum of processes and options which are available to facilitate conflict resolution.

This paper was presented to Legalwise Seminars’ Government Sector Employment Issues Seminar in Sydney on 28 March 2018

This paper begins with a discussion of the legal theory of procedural fairness and then proceeds to a discussion of how it operates in practice; with particular focus placed on the legal and organisational framework in which administrative decision-making takes place, the challenges posed by other goals (political and financial) which often compete with the goal of procedural fairness and the challenges posed by the decision-making process.  Consideration is given not only to the legal but also the cognitive aspects of decision-making, together with the critical role of communication and the need to acknowledge and overcome the barriers to decision-making.

This paper was presented to Legalwise Seminars’ Administrative Law in Action seminar in Sydney on 9 June 2017.

This paper responds to the increasing use of workplace investigations in recent years and discusses the limitations and unintended consequences that this trend has presented for employers and employees alike.  Chief among these limitations is the fact that investigations rarely if ever resolve the conflict and may, in fact, cause the conflict to escalate.  This paper reflects on the issues associated with workplace investigations through the lens of conflict management theory and practice and explains how an organisation may develop conflict competency, allowing it to adopt a flexible and case-specific approach to a particular conflict rather than a one size fits all approach.

This paper was presented to a national employment law conference produced by Television Education Network held at the Palazzo Versace on the Gold Coast on 28 and 29 July 2016.

While anti-discrimination laws are traditionally understood to be the domain of protection from unlawful discrimination, the Fair Work Act 2009 also provides protection against discrimination on a range of grounds; particularly in the form of ‘general protections’ which, among other things, prohibit adverse action from being taken against an employee in particular circumstances.  General protections claims, including those claiming discrimination, have grown significantly since the Fair Work Act 2009 commenced and the case law has developed with this trend.  In view of these developments, employers need to be mindful of the risk of general protections claims which, unlike unfair dismissal claims, can be made regardless of the length of the employment and the remuneration earned by an employee.

This paper discusses the discrimination provisions in the Fair Work Act 2009, explains the prohibition against adverse action in the general protections provisions of the Fair Work Act 2009, outlines a number of case studies in which unlawful discrimination has been alleged in the context of an alleged breach of the prohibition against adverse action and provides guidance on how to minimise the risk of breaching the general protections provisions of the Fair Work Act 2009.

This paper was presented to a seminar produced by Legalwise Seminars on 22 March 2016 in Sydney.

In a broader social environment in which the rights of individuals to express their opinion is commonly asserted, the law operates to remind individuals of their responsibility to exercise those rights with caution.  The opportunity for an employee to not only express opinions and disclose confidential information and be held accountable for it has increased significantly with the ubiquity of email correspondence and the popularity of social media and smartphones.  Employer capacity to make the link between out of work conduct and the employment of an employee has never been greater.

This paper discusses the relationship between out of work conduct and an employee’s employment and the tensions which arise in that relationship.  it explains the key obligations of an employee in relation to out of work conduct, examines the rights and responsibilities of employees when they express their opinions outside of the workplace, discusses the risks associated with the use of social media and provides practical guidance on how to manage interaction with clients outside of work.

This paper was presented to a seminar produced by Legalwise Seminars which was held on 11 March 2016 in Sydney.

This paper was presented to the 1st Annual Melbourne Employment Law Conference held on 10 and 11 February 2016, a reprisal and update of the paper originally presented in July 2016 to the National Employment Law Conference produced by Television Education Network (details below).

This paper was presented to a national webinar broadcast on 9 September 2015, a reprisal and update of the paper originally presented in July 2016 to the National Employment Law Conference produced by Television Education Network (details below).

The proper classification of workers for the purpose of establishing rights and responsibilities is one which is characterised by popular myth and populated by ‘bush lawyers’.  An employer who is either willfully blind to the law or who has an untested understanding of it may readily find themselves in breach of it and exposed to the risk of legal action and other conflicts.

This paper explains the law in relation to the classification of workers and tackles the many myths associated with it.  It explains how to correctly classify a worker, outlines the legal obligations which arise in relation to each type of worker, examines the legal implications of incorrect classification of workers, discusses recent developments and relevant case law and provides practical tips to ensure proper classification of workers.

p align=”justify”>This paper was presented to a seminar produced by Legalwise Seminars which was held on 3 September 2015 in Sydney.

While liability for breaches of employment law falls predominantly within the domain of an employer entity, such breaches flow from decisions to act or to not act which have been made by one or more individuals.  For this reason, accessorial liability plays a significant role in encouraging an informed approach regarding employer obligations, promoting compliance with Australia’s extensive employment law and in deterring individuals within an employer from looking the other way.  While accessorial liability is nothing new, it has assumed a significantly enhanced role in the employment arena in recent years, thanks to the significant expansion in  civil remedy provisions which accompanied the introduction of the Fair Work Act 2009, the activist nature of the Fair Work Ombudsman and the case law which has resulted predominantly from the regulator’s work.

This paper outlines the key legal principles which provide a foundation for understanding accessorial liability, explains the meaning of accessorial liability, discusses the accessorial liability provisions of the Fair Work Act 2009 and in anti-discrimination legislation, reviews a number of key decisions on the nature of accessorial liability and provides guidance on the steps which you can take to minimise the risk of being held personally liable for contraventions of legislation.

This paper was presented to the National Employment Conference produced by Television Education Network and held in July 2015.

This paper was presented to the CPA Congress held on 20 October 2014 in Sydney, reprising a paper presented originally in May 2014 to the CPA Conference (details below).

Australian workplace law is a highly complex jigsaw puzzle of laws, including common law, a range of federal and state legislation and an array of industrial instruments (awards and enterprise agreements).  Compliance with these laws, let alone comprehending the opportunities they offer, is an ongoing challenge for employers and employees alike.

This paper informed the audience of recent developments in the law and raised awareness of how key areas of employment law impact on their practice.

This paper was presented to the CPA Conference held on 30 May 2014 in Sydney.

Conflicts are as much a feature of the Australian workplace as human beings, equipment, furniture and paper.  Unless they are managed effectively, they have the potential to cause detriment to the workplace. It is not the existence of a conflict but how an employer responds to that conflict that is central to whether or not it will be able to protect its own interests and the interests of the people involved, as well as being able to achieve a resolution.

This paper discusses the range of conflicts which may arise in the workplace, considers the reasons why conflicts arise and identifies the barriers to success in managing them effectively, explains why developing a system for management of workplace conflict before a crisis arises is in the interests of employers and employees alike, outlines the key features of an effective system for management of workplace conflict and examines the range of methods which can be used when a workplace conflict arises. 

p align=”justify”>This paper was presented to a seminar produced by Legalwise Seminars which was held on 25 March 2014 in Sydney.

When managing issues associated with the health and ability of employees, employers face one of the most complex tasks they will face in the area of people management and legal compliance.  This is because they are asked to both understand and comply with a very broad range of different laws and an array of often complex medical and capacity issues.

This paper raises awareness of the laws which regulate health and ability issues at work, aids understanding of those laws and their implications and provides guidance on how to ensure compliance with them.

This paper was presented to a seminar produced by Legalwise Seminars which was held on 25 March 2014 in Sydney.

Change is a common feature of many private and public sector organisations.  When a decision is made to make a change, an employer needs to be mindful not only of the commercial and operational implications of the decision but also the employment law implications.  This paper raises the reader’s awareness of how the entitlement to redundancy pay operates in the context of the transfer of employment, provides information about how the Fair Work Commission applies the law and provides practical guidance as to the steps which need to be taken to ensure compliance with the law.

This paper was presented to a seminar produced by Legalwise Seminars which was held in Sydney on 22 November 2013.

When an employment relationship begins it has great potential.  Whether or not it will be a successful one depends on the preparedness of the parties to be clear about their expectations and to set clear parameters while also holding each other accountable.  This paper provides a guide to understanding why difficulties can arise in the workplace and how an employer/manager can take steps to minimise those difficulties and respond effectively to them when they do arise.  It begins with a consideration of what makes an employee ‘difficult’,  examines how to create a framework for great performance and conduct and then outlines how an employer/manager can respond effectively when a difficulty arises.  The paper considers a range of methods of dealing with difficulties in the workplace, with a particular focus on workplace investigations, disciplinary action and difficult conversations.

This paper was presented to a seminar produced by Legalwise Seminars which was held in Sydney on 5 September 2013.

Conflicts and complaints are as much a feature of the Australian workplace as human beings, equipment, furniture and paper.  Unless they are managed effectively, they have the potential to cause detriment to a workplace.  How an employer responds to conflicts and complaints is central to whether or not it will be able to protect its own interests and the interests of the people involved and also achieve resolution.   This paper discusses: the range of conflicts and complaints which can arise in the workplace;  consider the reasons why complaints are made and identify the barriers to success in managing them effectively;  explain why developing a system for complaint management before a crisis arises is in the interests of employers and employees alike;  outline the key features of an effective system for complaint management; examine the range of methods which can be used when a conflict or complaint arises;  detail what a workplace investigation is, the principles which apply to it, the participants involved and how to conduct one;  provide guidance on legal considerations relevant to the conducting of workplace investigations.

This paper was presented to Television Education Network’s National Employment Law Conference held on the Gold Coast, Queensland on 18 and 19 July 2013.

Conflicts and complaints are an inevitable feature of the Australian workplace.  As a potentially destabilising influence on the workplace, they expose employers to a considerable number of risks.  The key to whether an employer can respond effectively to conflicts and complaints is the amount of time and energy it is prepared to invest before a conflict or complaint arises, to ensure that it knows what to do and how to do it.  This paper discusses the ‘before’and ‘after’ approaches an employer can adapt to ensure it minimises the risks associated with conflicts and complaints which arise in the workplace; with a particular focus on systems and the conduct of workplace investigations.

This paper was presented to a seminar produced by the Television Education Network in Sydney on 18 March 2013.

Lawyers working in NSW are required to undertake mandatory training on employment law, work health and safety law, the principles of EEO and anti-discrimination law.  This presentation – given to both the Clarence Professional Group and to a seminar conducted by Legalwise Seminars – provides lawyers with an understanding of the key elements and principles underpinning the range of laws which regulate employment and provides practical guidance about how to apply that understanding in their firms.

A presentation to Television Education Network’s Employment Law Conference in Sydney, this paper discusses the legal risks relevant to the dismissal of a senior executive and provides an extensive practical guide to how an employer can significantly reduce the risk of negative fall out from such a dismissal. Topics covered include: what to watch out for (an outline of the range of legal risks which can arise); taking steps to address underperformance (including discussion of how to create an effective framework to address underperformance, the law which applies to performance, causes of underperformance, getting your house in order and how to have a difficult conversation); the process of terminating the employment.

A presentation to Legalwise Seminar’s ‘Ethics from the Experts’ seminar in Sydney on 29 August 2012, this paper discusses the all-important issue of ethics in legal practice from both a technical and practical perspective and with particular emphasis on the commonly experienced issues of conflicts of interest and confidential information.  Topics covered in the paper include regulation of ethics in legal practice; time management as an ethical issue; understanding and ensuring effective management of conflicts of interest; the do’s and don’ts of managing sensitive information; barriers to ethical practice; and practical solutions to ethical challenges in legal practice.

A presentation to Television Education Network’s National Employment Law Conference on the Gold Coast, this paper discusses the legal risks relevant to the dismissal of a senior executive and provides extensive practical guide to how an employer can significantly reduce the risk of negative fall out from such a dismissal.  Topics covered include: what to watch out for (an outline of the range of legal risks which can arise); taking steps to address underperformance (including discussion of how to create an effective framework to address  underperformance, the law which applies to performance, causes of underperformance, getting your house in order and how to have a difficult conversation); the process of terminating the employment contract.

A presentation to Legalwise Seminars’ Government Lawyers Conference in Sydney on 1 June 2012, this paper makes the case for why the development of practical skills by lawyers is an essential element of excellence in the provision of legal services.  It calls on lawyers to view themselves from the perspective of their clients and understand what they (as opposed to the legal profession) values in the experience of receiving legal services.  Topics covered by the paper include: what clients want; the case for offering more than technical skills to your client; working with others – essential skills in people management and negotiation; when the shoe is on the other foot – engaging external advisers; the value of business skills in practice and your career.

A presentation to a Legalwise Seminars seminar on employment law held in Sydney on 29 March 2012, this paper discusses one of the most complex areas of people management and legal compliance.  It raises an awareness of the broad range of laws which impact of fitness for work issues, aids an understanding of those laws and provides guidance as to how to ensure compliance with the tricky issues which can arise when managing ill, injured and disabled employees – including, personal leave, performance and conduct management, disciplinary action, abandonment of employment and dismissal.