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Perth Employer Update: Mental health and workplace investigations, and unfair dismissals



When: Tuesday 19 June 

Where: HopgoodGanim Lawyers, Level 27, Allendale Square, 77 St Georges Tce, Perth

Time: 7.15am for a 7.30am start - Concluding by 9.00am

Speakers: Kate Walawski and Simon Clayer

Topic #1: Mental health and workplace investigations

 The jury is still out about whether, in conducting a workplace investigation, an employer owes a common law duty to take reasonable care in the conduct of the investigation to avoid injuring the mental health of its employees involved.
To date the decided cases all indicate that employers have no such duty.  But that isn’t the be all and end all.

We will discuss the cases and the multiple considerations of which employers should take account when conducting workplace investigations and acting on investigation findings.

Topic #2: Unfair dismissals

 There have been a number of controversial Fair Work Commission decisions recently that employers need to know about when considering the dismissal of an employee who is statutorily protected from unfair dismissal.
We will present these decisions, and discuss:

  • When proven misconduct might not justify dismissal
  • How, in managing employees suffering from incapacity, employers should seek to resolve conflicting medical evidence
  • The rules around representation - when might the Commission (and when might it not) permit a party to be represented by a lawyer or paid agent in unfair dismissal proceedings?

*Light breakfast provided.


19 June 2018