Joel is the national head of Gilchrist Connell’s Employment Practices Liability / Management Liability practice. He has extensive experience in workplace relations and safety law, and in 2012 was certified by the Law Institute of Victoria as an Accredited Specialist in Workplace Relations. Joel assists clients defend the full gamut of employment law claims and investigations and prosecutions by work health and safety (and other) regulators.
Joel acts for insurers and self-insured clients, primarily under Employment Practices Liability and Management Liability or similarly named policies. He has acted in employment law and industrial disputes at almost every level of State and Federal court and tribunals, and has acted for witnesses in various public inquiries into corruption (including a Royal Commission and an IBAC investigation).
Joel also deploys his extensive experience in ‘front end’ employment and work health and safety law to assist insured or self-insured organisations address their risk in these areas, for example, by drafting employment agreements, and workplace policies and guidelines. This has given Joel a deep understanding of areas of potential risk for insured organisations which is invaluable for claims managers, underwriters, risk managers and brokers operating in the EPL/ML space.
The mainly federal nature of the workplace relations and safety jurisdiction means that Joel acts in EPL and ML claims throughout Australia, utilising the full resources of Gilchrist Connell’s existing EPL/MPL experience across its Melbourne, Adelaide, Perth, Sydney and Brisbane offices.
Joel provides media comment on employment law development and regularly presents a range of educational seminars on employers’ obligations under employment and work health & safety legislation, and about how employers can reduce their risks of employee claims.
In his spare time, Joel enjoys martial arts and practising his extensive negotiation skills with the most challenging of opponents – his two young daughters.
Articles and Presentations
Presentation on restraints & confidential information October 2022
Presentation for insurers on EPL October 2022
Workplace relations and safety in 2021 – the year that was November 2021
Presentation Employee entitlements amid a pandemic -considerations for advisors Hannah Griffiths October 2021
Presentation – Volunteer, employee or contractor September 2021
Presentation – Statutory liability (OHS) in Victoria September 2021
Presentation – Know the risks – pre-employment medical information September 2021
Presentation – Fitness for work: evaluation, examination & termination August 2021
What are your rights if the vaccine becomes mandatory? A Current Affair, Channel 9, 4 June 2021
Presentation for insurers on employee underpayments August 2020
Presentation for insurers on impact of COVID-19 on EPL and statutory liability – August 2020
Presentation on Fair and reasonable performance management and disciplinary action – November 2019
Presentation on Managing the risks arising from an internal investigation – November 2019
Presentation to insurers on labour hire licensing legislation and insurance implications May 2019
Presentation to insurers in insurability of fines and penalties in Australia December 2018
Presentation to insurers on Wellbeing@work: reducing risks, improving performance
Presentation to insurers on Out of hours conduct and social media – Liability exposure and risk management: what employers and their insurers need to know.
Presentation to insurers on the powers of Worksafe and an Insured’s rights
Presentation to insurers on common EPL claims and coverage / indemnity pitfalls
Presentation to insurers on costs in Fair Work Act proceedings
Presentations to insurers on Respect in Workplace
OHS injuries and penalties
Presentation to insurers on statutory liability (OHS) in Victoria
Presentation to insurers on employees and independent contractors
Presentation to insurers on EPL / SL claims
Tips, tricks and avoiding pitfalls in employing and dismissing employees
EPL seminar for international insurers
Damages in sexual harassment and discrimination cases
Employment law seminar series for Insurers
The future of reasonable notice (2011) 85(6) LIJ 52
- Worksafe's watchful eye: Employers on notice regarding psychosocial health and safety risks
- Likely extension of Paid Parental Leave: understanding the proposed changes
- Closing loopholes: Unpacking the third tranche of workplace relations changes
- Protecting Worker Entitlements Act – implications for employers and insurers
- Compensation cap and high-income threshold for unfair dismissals to increase from 1 July 2023
- Employers gain clarity and comfort about their long service leave obligations to casual employees
- Court of Appeal delivers knockout blow to unconscious bias
- Important clarification of law about requiring employees to work on public holidays
- HR manager fined for Fair Work Act breach
- Managing psychological health and safety at work: the guidance provided by each Australian state and territory
- Further sweeping reforms coming to Australia’s employment landscape?
- Introduction of 10 Days paid domestic and family violence leave
- Secure Jobs, Better pay changes: what to do about it
- Are your pay secrets no longer safe? Changes to the Fair Work Act
- Securing a sexual harassment–free future: the Secure Jobs, Better Pay Bill
- Proposed changes to employment and industrial laws: what employers need to know
- A bombshell at Essendon FC - employment law lessons
- Significant changes to sex discrimination laws: consequences for employers and insurers
- What’s the price of a gig? Risks for employers and insurers in the gig economy
- Western Australia WHS reforms come into effect – what you need to know
- New OHS regulations dealing with psychosocial hazards
- Offensive posts on personal social media accounts can get you sacked – some people still don’t get it…
- High Court clears up contractor law
- Tribunal upholds employer’s consultation steps and directions about COVID-19 vaccination
- Update to Victorian mandatory vaccination requirements
- Mandatory workplace COVID-19 vaccination fact sheet
- SPC safely taking the lead
- Rossato decision by High Court aligns with new casual employee legislative changes
- Victoria to ban indemnities for penalties under OHS and other legislation
- Double shot dismissal! Morning piccolos and afternoon cappuccinos results in dismissal!
- ‘No Jab No Work’? Maybe!
- FAQ: Employer mandated COVID-19 vaccinations
- Changes to casual employment, awards and paid domestic and family violence leave in store for 2021
- Tips for surviving the end of year office party
- WA enacts Industrial Manslaughter scheme and harmonises its WHS laws with other State jurisdictions
- High Court confirms paid personal/carer’s leave accrual should be ‘business as usual’
- Industrial manslaughter is an offence in Victoria from 1 July 2020
- Insurance for WHS fines in NSW now unlawful, but investigation and legal costs remain insurable
- No casual matter: Federal Court increases scope for ‘casual’ employees to claim leave entitlements
- COVID-19 Toolkit: JobKeeper changes to Fair Work Act 2009 (Cth) – update and FAQ
- FAQ: COVID-19 (Coronavirus) Employer rights and obligations
- REALITY BITES - NSW Workers Compensation Commission finds reality show contestant to be employee of Seven Network
- Calculating Leave – It’s all in a day’s work
- To tweet or not to tweet? That was the question
- Opportunity to introduce policies on domestic violence leave
- Repudiation: not what you bargained for
- Change is coming – consultation and requests for flexible work arrangements
- Are your ‘casual employees’ truly casual?
- Contractor or employee – the debate continues on a much larger scale
- No power for courts in Fair Work penalty proceedings to make non-indemnification orders against third parties
- When are costs orders available in proceedings under the Fair Work Act 2009 (Cth)
- Misleading and deceptive representations in pre-employment negotiations
- Courts and Tribunals will order significant general damages awards in sexual harassment claims
- Courts not precluded from imposing civil penalties agreed between parties in proceedings for contraventions of legislation
- Determining penalties in Victorian OHS prosecutions
- After hours conduct by intoxicated employee at staff function
- Winner - Lawyers Weekly Partner of the Year Awards 2020 - Workplace Health and Safety Relations
- Best Lawyers - Labour and Employment Law 2021, 2022, 2023, 2024
- Best Lawyers - Occupational Health & Safety Law 2019, 2020, 2021, 2022, 2023, 2024
- Finalist - Lawyers Weekly Partner of the Year Awards 2020 - Workplace Relations / Employment
- Finalist - Lawyers Weekly Partner of the Year Awards 2020 - Workplace Health and Safety Relations
- Doyle's Guide - Workers Compensation 2018, 2019, 2022
- Doyle's Guide - Workplace Health & Safety 2021, 2022