Preparing For and Responding to Unfair Dismissal and Adverse Action Claims
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Unfair dismissal and adverse action applications in the Fair Work Commission continue to be an easy option for employees to access jurisdiction and to draw conflicting parties together in the shortest possible timeframe.
Once the application lands on your desk the time limits begin to run and the race is on to collect sufficient evidence, consider potential jurisdictional defences and file a response. Conciliation conferences require a delicate balance between a discussion of legal concepts and factual complexities, but they also provide a single opportunity to leverage the employee's expectations sufficiently to achieve resolution. If the matter isn't settled at this stage, the dispute could be listed for hearing and you (as the key decision-maker/human resources personnel/legal counsel to assist and advise on the termination process) may be called as a witness!
How you respond at each of these stages will greatly increase the prospects of either settling the matter commercially at an early stage or successfully defending the matter if it proceeds to a hearing. This workshop will cover each of these matters using everyday scenarios, example documents and a mock trial so you can participate first-hand in the process.
Who should attend our Unfair Dismissal and Adverse Action Claims workshop?
- Legal staff
- Human resources staff.
What we'll cover
The session brings together our experts in employment law to explain each step of the unfair dismissal and adverse action application life cycle, including:
- Reviewing the application and considering first steps – timing issues, defences and collating evidence / documents
- Preparing and filing a response – key issues and how to respond to them
- Preparing for and attending a conciliation – including negotiating strategies and objectives
- Settling a matter by deed – what terms should you seek to be included in a deed
- Preparing and filing witness evidence – what evidence do you need and what should it cover
- The formal hearing process (via a mock trial), including preparation of witnesses for cross-examination and giving evidence in court.
What you'll learn
- Practical skills and tips to help you respond to unfair dismissal / adverse action applications in the Fair Work Commission
- How to ensure that you put your best foot forward when preparing your written responses and that you have the right evidence to provide the best defences
- When gathering evidence should start
- How to prepare for a conciliation conference, what to expect, and tips and tricks to achieve your negotiation outcomes
- How to prepare for and present at a formal hearing, including as a witness.
8.15am for 8.30am - 4.30pm
Cost: Inc GST
$1,374 per person
$1,237 per person if booking two weeks before the workshop
$1,168 per person if in a group of three or more
Phone 1800 882 110
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Support when you need it the most
As a participant of our program you'll have comfort in knowing that you can depend on us for ongoing support. Whether it be two weeks or two years after the workshop, you can call us at any time for a short, no-cost consultation.