Level: Essential
CLE Units: 0
Speakers:
Jane Seymour, Partner, Gadens Lawyers and Kellie Edwards, Barrister, Denman Chambers.
Aims
The last 18 months have seen some major changes in discrimination laws and further change is on the way. In this paper, Jane Seymour provides an overview of key recent developments and what's new in the discrimination area, including:
- amendments to the Federal Disability Discrimination Act 1992 which commenced in August 2009, including the obligation to make 'reasonable adjustments' to avoid direct and indirect disability discrimination, what constitutes 'unjustifiable hardship' and when the 'inherent requirements of the job' defence will apply
- developments in relation to pregnancy discrimination, including the first prosecution by the Fair Work Ombudsman under the discrimination prohibitions in the Fair Work Act 2009
- the new positive duty under the upcoming Victorian Equal Opportunity Act 2010 in August 2011 to take 'reasonable and proportionate measures' to eliminate discrimination
- proposed changes to the Sex Discrimination Act 1984 and Equal Opportunity for Women in the Workplace Act 1999
Kellie Edward's paper covers the topic 'Dealing with Problematic Employees: The importance of a good complaints handling process and how to design one that is right for the business'.
She addresses the following broad questions:
- What/who is a problematic employee?
- What is the overlap between poor performance and bullying, harassment and discrimination?
- What are the key attributes of a good complaints handling process?
- Why is the nature of the business important and how might it impact on the nature of the complaints handling process?.
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