• CPD Points: 1 [PS] [SL] [EW]
  • Price: $89.00
  • Area: Advocacy; Criminal Law; Family Law; Industrial Relations; Litigation; People Skills & Management; Workplace Relations
  • Delivered: November 2023
Digital Content
  • Recording
  • PDF of Speaker Notes (6 pages)

To purchase login below

Description

This is presented by a panel, facilitated by Emily Creak, Special Counsel, Maurice Blackburn, of Ekaterina Skalidis, Principal, Dobson Mitchell Allport, Craig Green, Counsel, Dobson Mitchell Allport, and Elise Whitmore, Senior Solicitor, Women's Legal Service (Tas). In this session, the panel discuss the topic of the interplay between criminal law and employment law matters with reference to domestic and family violence. This session will consider the following and more:

  • The elements of criminal law that overlap with employment law;
  • Instances where a workplace investigation into a matter that may constitute a crime e.g. fraud, sexual assault. 
  • If a criminal investigation is commenced, how might the conduct of the workplace investigation be seen to interfere with that investigation, and are there any consequences?
  • If a workplace investigation cannot be conducted due to a criminal investigation, can it be dismissed? Are there legal risks with dismissing in these circumstances?
  • If acting for the employee who is accused, what is the risk that responses made by them might be accessible by police, ASIC, etc.? 
  • If acting for the employer, are there disclosure obligations? 
  • CPD Points: 1 [PS] [SL] [EW]
  • Price: $89.00
  • Area: Advocacy; Criminal Law; Family Law; Industrial Relations; Litigation; People Skills & Management; Workplace Relations
  • Delivered: November 2023
Digital Content
  • Recording
  • PDF of Speaker Notes (6 pages)

To purchase login below

Description

This is presented by a panel, facilitated by Emily Creak, Special Counsel, Maurice Blackburn, of Ekaterina Skalidis, Principal, Dobson Mitchell Allport, Craig Green, Counsel, Dobson Mitchell Allport, and Elise Whitmore, Senior Solicitor, Women's Legal Service (Tas). In this session, the panel discuss the topic of the interplay between criminal law and employment law matters with reference to domestic and family violence. This session will consider the following and more:

  • The elements of criminal law that overlap with employment law;
  • Instances where a workplace investigation into a matter that may constitute a crime e.g. fraud, sexual assault. 
  • If a criminal investigation is commenced, how might the conduct of the workplace investigation be seen to interfere with that investigation, and are there any consequences?
  • If a workplace investigation cannot be conducted due to a criminal investigation, can it be dismissed? Are there legal risks with dismissing in these circumstances?
  • If acting for the employee who is accused, what is the risk that responses made by them might be accessible by police, ASIC, etc.? 
  • If acting for the employer, are there disclosure obligations? 

Craig Green, Counsel, Dobson Mitchell Allport

About the Presenter:

Mr Craig Green is in-house counsel in DMA’s commercial litigation and dispute resolution team, specialising in employment law. He represents and advises employers in a wide range of industries, including the education, transport and disability sectors. He has a strong focus on alternative dispute resolution and negotiated outcomes. Craig is widely regarded as a leading practitioner in Tasmanian State Service matters. As counsel, Craig appears regularly in the Fair Work Commission, the Federal Circuit Court, the Tasmanian Industrial Commission and the Anti-Discrimination Tribunal. Craig is a member of the Industrial Law Committee of the Law Council of Australia. He is a long-standing member of the Employment, Diversity and Inclusion Committee of the Law Society of Tasmania.

Ekaterina Skalidis, Principal, Dobson Mitchell Allport

About the Presenter:

Ms Ekaterina Skalidis is a principal in the Dobson Mitchell Allport commercial litigation and dispute resolution group. She practises primarily in employment law and commercial litigation. Ekaterina appears regularly in the Anti-Discrimination Tribunal and at conciliation conferences. She has extensive experience in preparing and responding to unfair dismissal and adverse action matters; drafting employment contracts; advising employers on correct procurers relating to performance management and termination; drafting employment policies and procedures; advising about redundancies; and assisting with enterprise agreement negotiations and process. Ekaterina also appears in the Magistrates and Supreme Courts of Tasmania in proceedings for bankruptcy, adverse possession, debt recovery and minor criminal matters.

Elise Whitmore, Principal Solicitor, Women's Legal Services

About the Presenter:

Ms Elise Whitmore, Principal Solicitor, Women's Legal Service (Tas). This organisation is a community legal service funded by the Commonwealth Attorney-General’s Department. We operate a free and statewide service, with offices in Hobart, Burnie and Launceston. WLS provides confidential and free legal advice and referral to women right across Tasmania through its telephone advice line. The WLS highly skilled legal staff are able to provide advice and referral on all legal matters including family law, family violence, civil and criminal law, as well as estate and property law. In addition to providing telephone advice, At times, WLS takes on casework for clients throughout Tasmania who need representation with their legal matters. WLS provides legal information, advice and support on any legal matter to those who are experiencing, or who have experienced, family violence.

Emily Creak, Special Counsel, Maurice Blackburn

About the Presenter:

Ms Emily Creak is a Special Counsel practicing exclusively in employment and industrial relations law. Emily has been recognised by the Law Institute of Victoria as an Accredited Specialist in Workplace Relations Law. Emily has worked in this area for almost 10 years. She has a diverse employment background, with experience working as an employee lawyer, an employer lawyer and as in-house counsel.

Emily has represented a prominent media personality to renegotiate their contract for tens of millions of dollars; acted for the Chief of Staff to a Victorian Government Minister whose workplace bullying complaint was investigated and upheld; acted for three complainants in respect of their allegations of sexual harassment against a former High Court Judge; and negotiated a settlement equivalent to 2-years tax free salary, for an employee who had been sexually harassed. Emily’s clients include CEOs, Managing Directors, General Managers, lawyers, professionals in the marketing, finance and IT industries, accountants, engineers, scientists, senior public servants, academics, health and medical professionals.