Adverse action & general protections | Page 37 (381 items)

Assessing employees for redundancy on the basis of "subjective" selection criteria requires extra care to avoid adverse action and other claims, warns Freehills senior associate Natalie Spark.

More certainty around public holiday penalty rates, harmonised long-service leave provisions, and broader rights to request flexible work are among the recommendations of the Fair Work Act review's report. In this article, review panellist Ron McCallum outlines some of the key proposals that - if enacted - are likely to impact on employers.

HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar.

Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan.



Watch their presentation to learn:

• What adverse action is, and when it is prohibited;
• Who can bring adverse action claims, and the process involved;
• The types of scenarios and actions that increase employers' risk of claims;
• Individual liability risks for HR professionals;
• How to establish the strongest defence when facing a claim;
• Lessons learned from recent caselaw; and more.

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".

The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.

The Fair Work Act's adverse action provisions are the biggest cause of headaches for employers and should be modified, according to employment lawyers.

When an employee is under-performing, or their conduct is unsatisfactory, they can have a "rotten apple" effect on other workers, damaging productivity, engagement, and retention levels, says employment lawyer Brad Petley.



In this webcast he explains:

• how difficult employee behaviour can manifest;
• why employers must manage unsatisfactory conduct or performance;
• employers' rights and obligations when managing difficult workers;
• how to minimise your exposure to legal claims associated with difficult employees; and
• tips and traps along the way.

It is nearly impossible for employers to completely understand how the Fair Work Act's adverse action provisions might affect them, but they should "sit up and pay attention" to developing case law, says Hicksons partner Brad Swebeck.