In this presentation Mills Oakley Lawyers senior associate, Erin Rice, outlines four recent cases on restraint of trade, and their implications for drafting enforceable restraints.
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;
When and how should you use common law contracts? What issues can arise when negotiating contracts with employees? This presentation answers these questions and more.
Kemp Strang partner Stephen Godding and lawyer Ben Urry provide a practical guide to understanding:
the interaction between contracts, the NES and Modern Awards;
when and how to use common law employment contracts;
flexibility options to vary the application of Modern Awards;
issues for employers in negotiating employment contracts with employees;
case law decisions concerning common law contracts; and
Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.
HR Daily Premium presentation, he covers the factors to consider in relation to:
the nature of your business;
the circumstances of the proposed dismissal;
policies, procedures and contractual issues;
disciplinary, misconduct and performance-related dismissals;
Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.
In this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:
How to detect, prevent and manage bullying, discrimination and harassment;
New psychological injury risks posed by misuse of social networks/media;
What to include in bullying and harassment policies;
Your rights and responsibilities when managing employees' out-of-hours behaviour;
Appropriate responses to employee complaints;
Lessons to be learned from successful claims brought against employers;
How to defend spurious claims;
How to avoid claims arising from performance management; and
HR managers' liability for psychological injury under the existing and new OHS national framework.
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".
In this webcast, employment lawyer Natalie Spark outlines:
How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
Options for managing poor performance - and how to decide which to take;
Lessons learned from successful claims against employers; and
Case studies of performance management-related claims.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Watch this webcast to learn:
The major risks in taking action on long-term injured, sick or absent employees;
A step-by-step process for managing employees on unauthorised absence;
What to do when an injured worker is unable to return to work or perform pre-injury duties; and
Tips for defending unfair dismissal and other claims arising from absenteeism.
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
