The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.
Mitigating Contractor Misclassification and Joint Employment Risk
The legal landscape regarding misclassification of independent contractors and joint employment is constantly evolving. As the independent contractor/joint employment tests change, in addition to the courts’ treatments of related issues, it is incumbent on employers to understand the potential risks of misclassifying individuals and/or engaging staffing agencies or other vendors that can create joint employment issues. This presentation will also address best practices and common pitfalls when structuring work forces and drafting relevant contract language. Lastly, the speakers will discuss the outlook for misclassification and joint employment issues under the new political landscape.
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In this online event, Madgwicks Lawyers and ACC Australia are delighted to invite you to our upcoming interactive workshop on how to effectively manage and respond to enquiries by work health and safety (WHS) regulators.
Presented by Luisa Gonzaga (Partner) of the Workplace Relations and Safety team of Madgwicks Lawyers, the workshop will provide guidance to participants through an interactive discussion of a fact scenario, understanding the extent of the powers of WHS regulators, practical tips on dealing with WHS regulators and your rights.
The workshop will cover:
• Powers of WHS regulators and your rights
• The difference between inspectors and investigators
• WHS enquiries and investigation processes
• Managing WHS regulators’ enquiries and investigations
• Pitfalls in conducting an investigation internally following an incident
• Practical tips – Do’s and Don’t’s
In conjunction with the Association of Corporate Counsel Australia, Madgwicks Lawyers is pleased to invite you to our upcoming seminar on casual employment reform ‘The New Playing Field for Casual Employees’.
Presented by Madgwicks Special Counsels Tim Greenall and Diana Diaz, this practical seminar will cover:
The new statutory definition of casual employment
Relief from liability for underpayment claims and when it will apply
Casual conversion
Disputes about conversion
The new Casual Employment Information Statement
Applications to vary EAs
Variations to modern awards
The presentation will be followed by a Q&A session.
In conjunction with the Association of Corporate Counsel Australia, Madgwicks Lawyers is pleased to invite you to our upcoming seminar on casual employment reform ‘The New Playing Field for Casual Employees’.
Presented by Madgwicks Special Counsels Tim Greenall and Diana Diaz, this practical seminar will cover:
The new statutory definition of casual employment
Relief from liability for underpayment claims and when it will apply
Casual conversion
Disputes about conversion
The new Casual Employment Information Statement
Applications to vary EAs
Variations to modern awards
The presentation will be followed by a Q&A session. Lunch provided.
In-house counsel are tasked with negotiating a wide range of commercial transactions, and need to be alert (but not alarmed!) by possible competition minefields.
This webinar, hosted by experts from Gilbert + Tobin’s market leading Competition + Regulation team, will explore the tricks and traps in managing competition risks in:
collaborative arrangements including consortium bids, joint ventures and industry associations;
supply and distribution arrangements with competitors; and
intellectual property (IP) agreements, including IP licences and patent settlement agreements.
Corporate social responsibility and philanthropy are increasingly being acknowledged as a necessary component of modern corporate activity. As well as being good for the broader community, philanthropic activity can bring direct benefits to your company, including by increasing good will and reputation, improving employee engagement and building client loyalty.
This webinar presented by Darren Fittler, head of Gilbert + Tobin's Charities + Social Sector group, will explore the most common approaches to corporate philanthropy, including corporate foundation structures, and outline the key things to consider in deciding what approach is right for your company.
Corporate Australia has experienced a period of unprecedented uncertainty and change. This session, presented by Gilbert + Tobin’s Disputes + Investigations team, will discuss lessons for corporate counsel arising from:
• recent high profile corporate failures;
• public inquiries into gaming and aged care;
• the community reaction to Juukan Gorge; and
• changing expectations in relation to workplace culture.
In this session, Gilbert + Tobin’s employment law specialists will provide a practical overview of the whistleblower laws and explore their implementation.
In particular, they will cover:
• key lessons learnt including how to strike a balance between a compliant and practical policy;
• the most common pitfalls and how to avoid them; and
• how to prevent against an inadvertent breach of the laws during and following an investigation.
They will also analyse the application of the whistleblower laws by the courts to date.
Data breaches are now a key risk for all Australian businesses. Australia’s data breach regulatory regime is unique as is its continuous disclosure and class action environment. This combination poses distinctive and developing challenges for companies and boards in preparing for, and managing, these issues as they arise.
This webinar, presented by Gilbert + Tobin’s Corporate Advisory and Intellectual Property teams, will explore:
the data breach regime and how it intersects with directors’ duties, the current continuous disclosure obligations and regulatory and class action risk;
recent high-profile cases; and
how this might be impacted by law reform proposals to introduce a permanent knowledge element for civil liability for breaches of the continuous disclosure regime.
The Government’s focus on strengthening the effectiveness of the unfair contract term regime is continuing and civil penalties will be shortly introduced. Further changes also include expanding the ‘small business’ threshold, and including a rebuttable presumption against the use of terms previously found unfair in similar circumstances.
This important session, presented by Gilbert + Tobin’s Technology + Digital and Competition + Regulation teams, will cover the spectrum of relevant compliance considerations by providing practical tips for the negotiating and drafting of terms, through to insights gained from previous ACCC investigations.