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5 2月 2021
Insight
Global
In our 2019 Future of Work report we predicted a rise in workplace activism, with employees across all sectors and geographies becoming more vocal in articulating their views. In our 2021 report we see that this trend is here to stay as employers and employees grapple with the new modern workplace.
An inevitable by-product of such activism will be a rise in the number of employee complaints. For employers investigating such complaints, the task can seem daunting. Whether it's scoping the investigation and framing allegations correctly, gathering evidence and conducting interviews, or writing reports and making findings, investigations can quickly become complicated and require significant time and resources.
ASIA WEBINARS
Future of Work: Asia and Middle East perspectives
As employers face new ways of working, Fatim Jumabhoy and Benjamin Hopps explore what a democratized workplace will look like in the year ahead and discuss the top triggers for employee activism so employers can prepare.
The Asia Employment Pensions and Incentives practice hosted a four-part series on managing workplace investigations. This series is aimed to help clients navigate the full life cycle of an investigation, focusing on Scoping & Drafting; Interviews & Privilege; Gathering Evidence; and Reports & Regulators. Register below to access the recordings.
Moderated by: Fatim Jumabhoy (Asia Head of Employment Pensions and Incentives)
Duration: 60 minutes per episode
Episode 1 – Scoping & Drafting
Speakers: Fatim Jumabhoy (Asia Head of Employment Pensions and Incentives)
Episode 2 – Interviews & Privilege
Speakers: Fatim Jumabhoy (Asia Head of Employment Pensions and Incentives), Elaine Wong (Partner - Disputes)
Episode 3 – Gathering Evidence
Speakers: Fatim Jumabhoy (Asia Head of Employment Pensions and Incentives), Peggy Chow (Senior Associate - Technology, Media and Telecommunications)
Episode 4 – Reports & Regulators
Speakers: Fatim Jumabhoy (Asia Head of Employment Pensions and Incentives), Natalie Curtis (Partner - Financial Services Regulatory)
COVID-19: EMPLOYMENT ISSUES ARISING FROM COVID-19: A REGIONAL VIEW (ASIA)
WHAT DO I DO IF I AM INTERESTED?
To discuss these issues and the nuances in your local market, please get in touch with the appropriate contacts listed below.
Australia Webinars
A MATTER OF TRUST – THE EVOLUTION OF THE CONSUMER WORKPLACE
By Natalie Gaspar, Shivchand Jhinku and Danielle Kelly - 11 March 2022
Our webinar discusses how companies focusing on the human – rather than transactional – aspects of staff relationships will have the edge in 2022.
On the panel were Deb Assheton, Senior Executive Consultant from Symmetra along with Natalie Gaspar and Shivchand Jhinku, Employment Partners and Danielle Kelly, Director of Culture & Inclusion from Herbert Smith Freehills.
Hybrid Working in 2022 and Beyond
By Drew Pearson, Anna Creegan and Dr John Hopkins (Swinburne University) - 30 November 2021
Findings from recent reports by Swinburne University and the Productivity Commission, along with our own Future of Work report, all point towards hybrid working as part of the new Australian workplace, providing a pull factor for prospective employees and being integral to the retention of key talent.
In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy.
Underpayments and ‘wage theft’ – latest developments and insights
By Anthony Wood, Anna Creegan, Wendy Fauvel and Rommo Pandit - 23 June 2021
Investigating and managing wage underpayments, is one of the biggest risk and governance issues right now, as many employers grapple with historical claims and the aggressive approach being adopted by the regulator, the Fair Work Ombudsman. Adding further heat to the issue is the pending commencement of state government ‘wage theft’ reforms. Our briefing session will provide practical guidance and insights for employers.
In this webinar series, the panel features partners Anthony Wood (Melbourne) and Anna Creegan (Perth), with Executive Counsel Wendy Fauvel (Brisbane) and Senior Associate Rommo Pandit (Sydney) as they discuss:
- What we are seeing in relation to underpayment issues, including self-reporting and our experience using external accounting firms to conduct compliance audits;
- Where does an employer start to understand whether it is potentially in breach of its pay and record keeping obligations?;
- The Fair Work Ombudsman’s current priorities and how they are regulating underpayment claims;
- What do managers and directors need to do to manage the due diligence obligations under the Victorian wage theft laws, and what are the chances this will be expanded nationally.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Australian IR reforms: The IR Omnibus bill – what this means for employers
By Anthony Longland, Tony Wood and Sophie Beaman
In this webinar briefing, Partners Anthony Wood (Melbourne) and Anthony Longland (Perth), and Senior Associate Sophie Beaman (Sydney) discuss the Federal Governments’ scaled-down Fair Work Amendment Bill which passed the Senate last Thursday. The panel was joined by special guest Ben Davies, Director of Workplace Relations at the Business Council of Australia who was involved in the reform consultation process.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: Sexual harassment and gendered violence in the workplace
By Aaron Anderson, Nerida Jessup and Drew Pearson
In 2020, the AHRC Respect @ Work report called out sexual harassment as fundamentally a WHS issue, to which safety policy makers and regulators ought to take a greater education and compliance role. Following on from the release of that report, SafeWork Australia has released its 2021 guidance material on Preventing Workplace Sexual Harassment and we expect an increased focus on this issue from jurisdictional safety regulators.
Partners Aaron Anderson (Brisbane) and Drew Pearson (Sydney) and Special Counsel Nerida Jessup (Sydney) discussed the employment and WHS obligations employers need to be aware of to prevent sexual harassment and gendered violence in the workplace, as well as considerations and risks in employer intervention and response to incidents and complaints.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: Mental Health Maturity Project in conversation with Dr Ali Burston
By Anthony Longland and Anna Creegan - 18 November 2020
In our final Safety Leadership Series briefing for the year, we discussed workplace mental health and wellbeing, and what businesses can learn from recent research on mental health literacy.
Partner Anna Creegan hosted the session, in conversation with Dr Ali Burston (MAPS, PSIOPA), an AHPRA Endorsed Organisational Psychologist and the founder and Managing Director of Perth-based consulting firm, Metisphere.
During this session we discussed:
- Dr Burston’s research into managing mental health in the workplace;
- trends and key findings on workplace mental health, including how it is changing over time and across industries; and
- managing mental health as a safety issue and strategies for organisational improvement.
About the Mental Health Literacy Project
The Mental Health Literacy Project (Project) is the first of its kind in Australia. The Project measures knowledge of key psychosocial terms to assist in managing psychosocial hazards and risk factors in the workplace, including the implementation of appropriate controls and strategies for individual, team and organisational improvement.
The Project fits in with broader mental health strategies and reflects new guidelines in the DMIRS Code of Practice and broader FIFO mental health recommendations.
The Project methodology allows for the development and progress of individuals across the continuum of mental health: from mitigating illness, to preventing harm, to helping people thrive.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: 2020 Year in Review
By Aaron Anderson, Steve Bell, Anna Creegan and Nerida Jessup - 27 October 2020
In this webinar briefing, our Safety team reviewed the key developments in health and safety during 2020.
During this session they shared our health and safety insights from 2020, including in relation to Australia’s industrial manslaughter laws and the latest prosecutions, Covid-19 and working from home and return to work WHS considerations, the recent draft WHS Code of Practice, and other key case law and legislative developments.
The panel presentation was hosted by Nerida Jessup, special counsel, and included contributions from the following safety experts:
- Aaron Anderson, Brisbane
- Steve Bell, Melbourne
- Anna Creegan, Perth
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Employment & IR Briefing Series 2020 - What's next?
By Kirsty Faichen, Natalie Gaspar, Anthony Longland, Drew Pearson and Anthony Wood - 16 September 2020
During the webinar, we provided an update on:
- Covid-19 – some of the key issues that are affecting our clients, including an update on JobKeeper, organisational change and restructuring and modern award changes;
- IR and Enterprise Bargaining – how the federal government’s IR reform process is progressing, as well as recent Fair Work Commission decisions in relation to enterprise bargaining;
- Underpayments – recent state government ‘wage theft’ reforms; the Fair Work Ombudsman’s current priorities; and looked at the impact of the Federal Court’s Rossato decision and how it impacts employers who are engaging casual employees; and
- Discrimination/Sexual Harassment – the recent Report on workplace sexual harassment inquiry; discussed what best practice employers are doing in this space; and provided a summary of the recent Federal Court decision dealing with employer liability and damages.
The webinar was hosted by Perth based partner Anthony Longland in conversation with partners:
- Kirsty Faichen, Partner (Brisbane)
- Natalie Gaspar, Partner (Melbourne)
- Drew Pearson, Partner (Sydney)
- Anthony Wood, Partner (Melbourne)
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Workplace manslaughter developments in Australia – A national snapshot
By Steve Bell, Aaron Anderson, Anna Creegan and Nerida Jessup - 27 July 2020
In case you missed it, the Herbert Smith Freehills Safety team hosted a webinar and offered their insights on the state of these laws.
During the session we discussed the approach to the new laws which came into effect in Victoria on 1 July 2020, the recent prosecutions under these manslaughter laws in the ACT and Queensland, and the approach planned for Western Australia, NSW and the other jurisdictions.
Featuring our safety leaders in each of our Australian offices, the session draws upon the lessons and insights we have been sharing with clients in these significant developments.
The webinar panel presentation was hosted by Steve Bell and included contributions from the following safety experts:
- Aaron Anderson, Brisbane
- Anna Creegan, Perth
- Nerida Jessup, Sydney
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
National Inquiry into Sexual Harassment in Australian Workplaces
By Anthony Wood and Lucy Boyd - 4 June 2020
On 5 March 2020, the Australian Human Rights Commission released its fourth national survey on Sexual Harassment in Australian Workplaces. The report has wide-ranging implications for employers - from a policy perspective and what it means to the culture of the workplace.
In case you missed it, the Employment, IR and Safety team hosted a special webinar briefing session on the key findings of the report, and how employers can be on the front foot to address these issues.
During the session, our expert panel offered their insights on:
- The key findings of the report;
- what legislative and institutional reforms we might expect;
- practical implications on issues such as the use of non-disclosure agreements; and
- evolving to a best practice workplace culture.
The webinar panel discussion was led by partner Anthony Wood and included our guest panellists:
- Heather Price, Chief Executive Officer from Symmetra;
- Tamsin Lawrence, Deputy Director - Workplace Relations from the Australian Chamber of Commerce and Industry (ACCI);
- Catherine Dixon, Executive Director of the Victorian Human Rights and Equal Opportunity Commission; and
- HSF Senior Associate, Lucy Boyd.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Employment and Safety requirements and expectations for the COVID vaccine
With many of our clients preparing for or in the process of returning their workforce to their Australian-based offices, our Catalyst series is returning for 2021 to discuss the role of organisations and implications for the roll out of a COVID vaccine. Dr Andrew Ebringer, Regional Medical Director and Consulting Lead for Australasia at International SOS and Nerida Jessup, Special Counsel from our Sydney Safety team join host Drew Pearson, Partner in our Sydney Employment and Industrial Relations team to explore the complex considerations for employers considering the issue of COVID-19 vaccinations.
Catalyst: 2020 A Year in Review
The final Catalyst Webinar of 2020 focuses on:
• managing employment and IR issues in our new flexible working environment (Drew Pearson, Partner, Employment, IR and Safety);
• the disruption to class actions in Australia in the last 12 months (Christine Tran, Partner, Disputes);
• geopolitics and impacts on Australia (Rebecca Maslen-Stannage, Partner, Corporate) and
• optimism driven by record government infrastructure spending and fast-tracked demand for technology (Nicholas Carney, Partner, Projects).
Catalyst: Reopening offices - risks & opportunities (Australia)
Rachael McCarthy, Studio Director at Bates Smart, joins a panel of our Employment, IR and Safety experts, including Drew Pearson (Partner), Aaron Anderson (Partner) and Sophie Beaman (Senior Associate), to discuss a range of topics covering workplace design, employment and safety law and a practical operations perspective.
More related Australia webinars
- COVID-19: PEOPLE: PSYCHOLOGICAL SAFETY DURING COVID-19 (AUSTRALIA)
- COVID-19: PREPARING BUSINESSES TO RETURN THEIR PEOPLE TO WORK (AUSTRALIA)
- COVID-19: TAX AND EMPLOYMENT ISSUES OF JOBKEEPER PAYMENT (AUSTRALIA)
- COVID-19: IMPACT OF REGULATORY BEHAVIOUR (AUSTRALIA)
- COVID-19: PANEL DISCUSSION - IMPACT ON BUSINESS (AUSTRALIA)
- COVID-19: LIQUIDITY, EMPLOYMENT AND CONTRACTS (AUSTRALIA)
UK & EMEA Webinars
Future of Work: Asia and Middle East perspectives
As employers face new ways of working, Fatim Jumabhoy and Benjamin Hopps explore what a democratized workplace will look like in the year ahead and discuss the top triggers for employee activism so employers can prepare.
COVID-19 - PEOPLE: PRIORITISING WELLBEING
COVID-19: PEOPLE: THE RETURN TO WORK STRATEGY - PROTECTING PEOPLE AND PLACES (UK)
COVID-19 - PEOPLE: EUROPEAN PERSPECTIVES (EUROPE)
COVID-19: PEOPLE: THE CHALLENGES BEING FACED (UK)
COVID-19: PEOPLE: CONSIDERATIONS FOR EMPLOYERS (GERMANY)
Please also contact webinars@hsf.com for a full list of archived events.
Key contacts
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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