Masterclass Agenda

Sydney (Online): 7 September 2021  | Melbourne (Online): 9 September 2021  | Brisbane: 14 September 2021 | Perth: 16 September 2021 

08:50

  • Employment Law Major Updates  
  • Fair Work Update  

09:05

  • Respect@Work updates and recommendations   
  • Adoption of recommendations by the government   
  • What the changes mean for workplaces and those performing a HR function  
  • Dealing with a complaint of sexual harassment  
  • What changes have we seen/do we expect following the adoption of the recommendations 
  • Will HR managers and supervisors in the legal system need to meet KPIs on prevention, detection and responsiveness to sexual harassment?  

09:45

  • When is an employee entitled to casual conversion, and what criterion need to be met?    
  • Procedures and timeframes required for both the employee and employer   
  • When can an employer refuse a request to convert employment status, and under what reasonable grounds?
  • How are awards and enterprise agreements impacted?  
  • Understand what information you need to provide employees about the casual conversion clause under their award    
  • Sham contracting:  Avoiding misclassification or misrepresentation of an employment relationship as an independent contracting arrangement  

10:20

  • Managing the redundancy process  
  • Returning to work   
  • Mental health and wellbeing  
  • General Protections, Adverse Actions and Protected Rights  
  • Casual Workers

11:00

11:20

  • Addressing developments in working arrangements, leave, and pay  
  • Reviewing COVID-19 guidelines, and related issues
  • Risk factors to consider for agile / hybrid working environments – what issues have emerged 
  • Flexible workplaces: changes to modern awards; employer workplace law obligations for considering flexibility requests; and key OHS factors to keep in mind  

12:00

  • Developing your safety system to support the recognition of psychosocial hazards, psychological risk, mental health warning signs, domestic violence risk and other workplace risks   
  • Working with medical experts who are treating the employee - what can you request, and dealing with non-responsive employees and doctors   
  • Dealing with absent employees, and avoiding discrimination claims when dealing with medical incapacity due to mental health issues   
  • Addressing duty of care obligations and mental health risks for a remote and flexible workforce 

12:40

  • Being proactive, implementing effective training, thereby reducing risk and vicarious liabilities; and instigating different ways for employees to report inappropriate workplace behaviour   
  • Alternative possibilities to investigations and when this may be appropriate  
  • Your obligations and role in mitigating inappropriate workplace behaviour when employees are working from home and/or on their own devices   

01:20

02:05

02:45

03:05

  • When, why and how would you use technology to monitor staff and the legal implications  
  • Identifying a reasonable parameter around the monitoring of staff including remote and working from home – where is the line between monitoring and an invasion of privacy?   
  • Considerations when relying on this evidence to support accusations, claims or performance issues 
  • Implementing a virtual code of ethics  

03:45

  • Understanding the legalities of all your options – stand-downs, variations or redundancies and impact of the COVID-19 health and economic crisis  
  • Addressing the impact that the end of the JobKeeper subsidy will have on these issues and how to implement these changes effectively   
  • Valid reason for termination – is a refusal to get vaccinated a valid reason?  
  • Navigating the impacts parental leave, extended leave, workers compensation or other negotiated leave may have on a restructure or redundancy process and how to safely negotiate these   
  • Minimising termination risks for fixed term and rolling contracts  

04:25

04:40

Sydney (Online): 6 September 2021  | Melbourne (Online): 8 September 2021  | Brisbane: 13 September 2021 | Perth: 15 September 2021 

Performance Management Workshop

 
Sydney (Online): 6 September 2021  | Melbourne (Online): 8 September 2021  | Brisbane: 13 September 2021 | Perth: 15 September 2021 
 
 
Overview 
One of the most difficult, time consuming and intense roles of an HR Practitioner is navigating performance complexities. HR teams deal with increasing Fair Work Commission intervention when managing performance, because of changes to laws, constant workplace change, and increasing awareness of rights.  
 
Reliance on complex processes such as formal performance improvement plans doesn’t always have the desired outcomes. Even with the most sound and well intentioned performance improvement and disciplinary processes in place, the risk of legal action is still there. We will also workshop how to continue in the face of any claims or grievances made, with legal confidence. 
 
This one-day workshop provides in-depth practical focus on how to manage most performance scenarios through meaningful, regular discussions and communication - helping you take practical approaches to unravelling the complexities of managing performance. 
 
Key Themes 
Addressing current problems with performance management 
  • Common workplace contributors to performance issues 
  • Investigating common legal claims & performance process related risks 
 
People and process 
  • Management of the employment relationship 
  • Effective one-on-ones and feedback for improved performance 
 
Applying effective communication styles 
  • Communication styles, and their impact on the workplace  
  • Aiding performance outcomes through the right communication styles 
 
Having crucial conversations, and making the right decisions 
  • Crucial and effective conversations during the performance pathway 
  • Taking the right approach with employees  
 
Performance processes in practice 
  • Avoiding complex & ineffective performance or disciplinary processes  
  • Minimising potential legal risks and consequences of a PIP 
 
Having confidence around legal risks 
  • Using crucial conversations to avoid legal claims  
  • How to proceed in the face of legal claims or grievances 
 
Facilitated by Edge Legal  

AGENDA
 
Course duration 9.00am – 4.30pm | 8.30 Registration and welcome tea / coffee | 10.30 – 11.00 Morning break | 12.20 – 1.00 Lunch break | 2.30 – 2.50 Afternoon break 

  • Identifying the main types of poor performing employees 
  • Profiling common management and HR practices which can contribute to performance issues 
  • Creating socially safer workplaces  
  • Investigating common legal claims resulting from ineffective management and poor performance management processes, including: confusing misconduct with performance, constructive dismissal, bullying, stress and adverse action claims 
  • Looking at managerial authority, responsibility for managing performance and how HR can support management to step up 
  • Effectively managing the employment relationship, including out of hours conduct and social media 
  • Holding effective one-on-ones, and giving frequent feedback for improved performance 
  • Using DISC to understand communication styles and how they impact communication in the workplace 
  • Recognising most common performance issues can be ‘overused strengths’ 
  • Using communication styles as a tool to more effectively deal with performance issues 
  • Having crucial conversations along the performance pathway, and ensuring their effectiveness 
  • Framing performance issues and what you are measuring performance against 
  • Dealing with mis-aligned performance perceptions of the employee 
  • Engaging in low versus high intensity crucial conversations - informal versus formal approaches 
  • Documenting crucial conversations 
  • Determining the right decisions and justifying reasonable management actions 
  • Overcoming problems with traditional performance appraisals 
  • Aligning managerial and HR effectiveness with acceptable standards for the organisation 
  • Avoiding complex performance or disciplinary processes that are ineffective 
  • Minimising potential legal risks and consequences of performance improvement processes 
  • Practice by role playing crucial conversations, and creating crucial tailored emails for performance scenarios which can have escalating problems 
  • Using crucial conversations to avoid legal claims such as unfair dismissal, general protections, bullying and psychological injury or stress 
  • How to proceed in the face of legal claims or grievances

YOUR WORKSHOP FACILITATORS 

 
 
David Dilger, Director, Edge Legal 
 
Rod Collinson, Director, Edge Legal 
David Dilger has strong experience advising on factors relating to performance, and scenarios which arise during performance processes. His advice has a real practical edge to it - drawn from legal experience, and senior executive roles in the telecommunications, franchising and agriculture industries, plus a peak employer organisation. This includes leading an organisation to be a national finalist and joint state winner of the AHRI People Management Awards. 
Rod Collinson has particular expertise in people management issues, industrial disputes and advocacy. Prior to co-founding Edge Legal with David Dilger, Rod was the group head of an Employment & Safety Group in a mid-tier law firm for 10 years. He also previously worked in a top tier law firm and as a Consultant providing on-site services for clients. This complemented a background in workers compensation law. 
 
 
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