In the wake of two recent judgments, employers appear to have more onerous obligations when defending claims brought under the Fair Work Act's adverse action provisions, say employment lawyers.
How do you manage employees who have been injured outside of work? What happens when an employee refuses an independent medical assessment? When is it safe to terminate an ill or injured employee? Lawyer Luke Connolly answers these questions and more on this important topic.
A recent survey of female scientists, engineers and managers has found workplace culture is compromising the effectiveness of HR policies, and preventing highly skilled workers from advancing their careers.
Managers that genuinely want women to succeed in their careers often hinder their progress without even realising it, says emberin CEO and gender diversity expert Maureen Frank.
Sex Discrimination Commissioner Elizabeth Broderick has called for greater powers to proactively investigate workplaces and sectors where sexual harassment is prevalent, instead of relying solely on complaints.
A NSW employer that allegedly told a worker to "bear the consequences" of her "inconvenient" pregnancy, is facing fines of up to $231,000 following the launch of the Fair Work Ombudsman's first pregnancy discrimination case.
When employers are convinced that a worker's claim against them is totally without merit, they should consider defending themselves "as a matter of principle", says Minter Ellison partner Richard West.
HR managers could be found personally liable for bullying and harassment at work, under the national OHS framework, if they fail to take steps to prevent it, according to Hicksons Lawyers partner Brad Swebeck.
There are few legal risks linked to banning 'body art' at work, but employers should ensure policies are relevant to the workplace and consistently applied, says workplace lawyer Brad Petley.
