This session will focus on these recent High Court decisions and how it has affected the state of the law. What is the importance of the written contract? How useful is the multifactorial checklist that has guided the characterisation process the last few decades? How will these decisions affect the behaviour of employers and employees, including those in gig economies or using tripartite models? Where will the battle lines be drawn in future case? Senior counsel who appeared in these High Court cases, Mark Irving QC and Marc Felman S.C., will be sharing their insights while Jennifer Batrouney AM QC, counsel appearing in Dental Corporation Pty Ltd v Moffet  FCAFC 118, will be chairing the session and providing her own insights including how the characterisation issue intercepts with taxation law.
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.