Industrial Law Seminar: Important Recent Developments
Industrial Law Seminar: Important Recent Developments
Presented by - Law Society in conjunction with Law Council of Australia's Industrial Law Committee

Drug testing in the workplace – A storm in a pee-cup (paper)

Presenter: Ingmar Taylor SC, Barrister, State Chambers
Chair: The Honourable Justice Christopher Jessup, Federal Court of Australia

Random drug testing is increasingly utilised in Australian workplaces. Can employers insist on urine testing rather than saliva testing? Can an employer fairly dismiss an employee who tests positive if they used an illegal drug in their own time and are not impaired at work? Ingmar Taylor SC will examine these questions, which turn on competing principles of privacy and safety.

Adverse Action: By Whom, Against Whom and Why? A Fine Line (paper)

Presenter: Harry Dixon SC, Barrister, PG Hely Chambers
Chair: The Honourable Justice Christopher Jessup, Federal Court of Australia

In many cases, there is a very fine line between conduct which is lawful and that which is proscribed and subject to penalty and awards of compensation. This session explores some of the complexities arising from the application of Part 3-1 of the Fair Work Act (2009) (Cth) insofar as the legislation provides a range of protections to persons who have, or who exercise, workplace rights or engage in industrial activity. Harry Dixon SC will examine issues by reference to the latest adverse action cases which illustrate the far reaching scope of the legislation.
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