Unfair Dismissal and Adverse Action: Let the Battle Begin

Session ID: 1711Q05
Date: Thursday, 23 November 2017
Time: 02:00pm - 05:15pm
Venue: Mercure Hotel Brisbane, 85-87 North Quay, Brisbane

Face to face

Legal Knowledge: 3

State: QLD CPD:3
Standard Price $480.00
Early Bird Discount $395.00

Also available as

WEB1711Q05 Live Web Seminar OND1711Q05 Seminar Recording


Session Content

Date: Thursday 23 November 2017
Time: 2.00pm to 5.15pm
Venue: Mercure Brisbane, North Quay

Attend and earn 3 CPD units in Legal Knowledge

What the employer says: "You're fired."
What the employee says: "This is outrageous."
What the employer thinks: "Please don't take us to court."
What the employee thinks: "Who do I know who could recommend a good lawyer?"
The end result for everyone? LAWYER UP. And when you're one of those lawyers, you want to wind up on the winning side. Here's how.

Chair: Charles Massy, Barrister, More Chambers

So, You or Your Client Need to Consider Termination of Employment...

  • Consider the reason: performance, conduct, serious misconduct
  • Should you undertake an investigation?
  • Other options? Probationary periods and fixed term contracts
  • What are the associated risks and employee protections?
  • Tips and tricks to move to termination

Presented by Christy Miller, Partner, Clayton Utz

Nature of Dismissal: Applying s.386 Fair Work Act

  • When is a dismissal at the initiative of the employer?
  • 'Jump or be pushed' or 'heat of the moment' resignations
  • What happens if a resignation is not in writing, or not acknowledged by the employer?
  • Abandonment: termination or resignation?
  • Constructive dismissal

Presented by David Miller, Legal Practitioner Director, Ai Group Workplace Lawyers

Adverse Action: Where is it Heading?

  • Consideration of recent High Court and Full Federal Court cases
  • Choice of claim: adverse action, unfair dismissal or other?
  • Choice of jurisdiction: Federal or Federal Circuit Court?
  • Evidence matters: what to prove and how to prove it

Presented by Stephen Mackie, Barrister, Queensland Bar

INSIGHTS FROM THE FAIR WORK COMMISSION: The Evolving Work of the Fair Work Commission from Collective Dispute Resolution to Individual-Based Claims

  • Changing nature of the Commission's work
  • New approaches to bargaining
  • Changes in the Commission's service delivery

Presented by Deputy President Ingrid Asbury, Fair Work Commission


Chair:Charles Massy

Charles Massy is barrister at the private referral bar in Brisbane. He holds an LLB from QUT. From 2003 until 2015 he worked as a solicitor at Hall Payne Lawyers. Charles specialises in Industrial Relations and Employment matters. Charles regularly advises a wide range of unions and employees in the construction, electrical, mining, community, local government and public sectors. Charles also regularly advises senior executives on their contractual entitlements. Charles specialises in providing advice in relation to industrial disputes; the taking of protected industrial action; the approval of collective agreements; freedom of association; the interpretation and enforcement of industrial instruments; termination of employment; restraints of trade; and the operation and management of community associations.

Christy Miller

Christy Miller specialises in industrial relations, employment and discrimination law, and is highly regarded for her ability to provide plain- speaking legal and strategic advice to a wide portfolio of public and private sector clients. Christy has an in-depth knowledge of the Federal and Queensland Industrial relations schemes. Christy has a particular interest and focus on public sector employment issues. Christy always aims to bring a practical perspective to the resolution of employment, industrial and discrimination concerns while at the same time appreciating and accommodating the overlay and impact of public sector policies, directives and legislation. She appreciates the necessity to deal with these sensitive issues with the utmost discretion, speed and to provide a holistic management approach to the issue in question. Christy's expertise, adaptability, timeless, attending to detail and solution-orientated approach are key aspects of the services she is able to offer her clients.

David Miller

Following many years in legal practice in Brisbane and over 20 years as an employment law specialist, David Miller is now the National Manager for Workplace Legal Services with Australian Industry Group and a Director of Ai Group Workplace Lawyers. David's experience ranges across the full spectrum of industrial, employment and workplace relations issues but his particular areas of interest are in providing strategic and practical advice around the management of performance issues and other workplace problems; as an advocate, David frequently represents employers in relation to disputes and matters of all kinds in the Fair Work Commission and in the Courts.

Stephen Mackie

Stephen Mackie is a Brisbane-based barrister, practicing in commercial, employment and industrial relations. He was called to the Bar in 2014, and was previously a Senior Associate at Norton Rose Fulbright. Stephen has appeared in a wide range of civil matters, such as disputes regarding solicitor's liens, the enforceability of restraints of trade, alleged underpayment of wages and claims of "adverse action". He has represented and advised clients such as Suncorp, ANZ, Bechtel and the Fair Work Building Commission.

Ingrid Asbury

Deputy President Ingrid Asbury holds a number of statutory appointments including as a Deputy President of the Fair Work Commission, President of the Defence Force Remuneration Tribunal and as Chairperson of the Northern Territory Police Arbitral Tribunal. The Deputy President currently has responsibility for the Meat, Coal and Mining, Sugar and Electrical Power industries in Queensland. The Deputy President is admitted as a Legal Practitioner of the Supreme Court of Queensland and holds the degrees of Bachelor of Arts and Bachelor of Laws. Prior to her appointment to the Fair Work Commission, Deputy President Asbury was a Commissioner of the Queensland Industrial Relations Commission, National Industry Group Manager, Senior Industrial Officer and Industrial Officer of the Australian Industry Group and Metal Trades Industry Association.

Venue Details

Mercure Hotel Brisbane

85-87 North Quay
Brisbane 4003

Ph: 732372300


The Mercure Hotel has a riverside location in the heart of the

CBD. For public transportation users, the Roma Street Train Station

and King George Square Bus Station are both located an easy 10 minute

walk away.

There is a limited amount of secure car parking located underneath the

Hotel. The car park is operated independently by Secure Parking from

$77.00 a day.

Alternatively, there are further public car parks located on either Tank or

Herschel Streets. Standard public rates apply.

Parking is not included in the registration fee and prices are subject to


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"Vibrant and very informative; Lots of points covered and very practical in use."

Delegate - Making Administrative Decisions, Melbourne, November 2016





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