The Fair Work Act's bullying amendments will make it more difficult for employers to address performance issues at work, according to Maddocks partner, Ross Jackson.
What does a best-practice process for managing difficult employees look like? Watch this webcast to understand your rights and responsibilities when managing performance and conduct issues.
The Federal Court has warned employers against using redundancy "as a pretext for getting rid of an undesired employee" after a university failed to examine a head of school's true motives for proposing an academic's retrenchment.
Initial concerns about the impact on employers of the Fair Work Act's adverse action provisions have proven to be unfounded, but employers should expect to face more claims now that case law has clarified the way it operates, says employment lawyer Amanda Harvey.
Rulings handed down since the commencement of the Fair Work Act's adverse action provisions have clarified some of the mystery around their operation and contain important lessons for employers.
The High Court's Barclay ruling should "put employers' minds at ease" about their ability to successfully defend an adverse action claim, say Kemp Strang employment lawyers.
In this podcast, Lisa Berton and Nick Noonan discuss the importance of the case; its practical implications; and the key steps employers should take to minimise the risk of facing or losing an adverse action claim.
In a judgment that will be welcomed by employers, the High Court has ruled that an employer did not breach the Fair Work Act's adverse action provisions when it took disciplinary action against a union representative.
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.