Adverse action & general protections | Page 44 (455 items)

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.

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".