Advanced Sexual Harassment law: causes of action, types of liability and the Respect@Work reforms
$77.00
Advanced Sexual Harassment law: causes of action, types of liability and the Respect@Work reforms
8 November 2021
Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.
Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability. The contours of these rules of attribution will be discussed.
On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.
Tackling Modern Slavery- Civil and Criminal Law perspectives
$77.00
Tackling Modern Slavery- Civil and Criminal Law perspectives
The first statements by Australian businesses under the Modern Slavery Act 2018 have just been made publicly available.
What role does such reporting play in curbing modern slavery? What role do civil and criminal courts have? How do the criminal law and health and safety laws apply? And where next? … What initiatives from overseas might Australia draw from? Could there be a duty to conduct human rights due diligence?
In this CPD, the speakers will outline current and potential future legal developments in tackling modern slavery in Australia from both a civil and criminal law perspective, drawing upon their experiences in key cases in the United Kingdom.
Advancing Human Rights Claims before International Fora
$77.00
Advancing Human Rights Claims before International Fora
Rishi Gulati has advanced claims on behalf of individuals before several international tribunals and fora, including on behalf of Baby Gammy before the UN Human Rights Committee. In this CPD, Rishi discusses the options that claimants may have when pursuing international justice, including at the UN Committee Against Torture and the UN Human Rights Committee. Rishi discusses procedural steps necessary before claims may be raised at the international level, including discussing the rule on the exhaustion of domestic remedies.