A lot of recent litigation following redundancies has hinged on whether redeployment was a viable option, and HR professionals must consider a growing number of factors in deciding whether or not redeployment is a "reasonable" substitute, according to employment lawyer Murray Procter.
Employers that have permitted a culture of inappropriate emails and other poor behaviour can't simply pick and choose when they will discipline workers for misconduct, a Fair Work Commissioner has ruled.
Whether making one role redundant or hundreds, HR professionals have a crucial part to play in ensuring organisations meet their extensive legal obligations and avoid claims from current and ex-employees.
Watch this webcast to:
ensure redundancies are 'genuine' under the Fair Work Act;
understand employees' entitlements if positions are made redundant;
develop sound redundancy criteria that minimise legal risks;
fulfil consultation and redeployment obligations;
manage a safe internal 'paper trail' about decision-making;
handle interactions with unions; and
add real value to the C-suite by informing decision-makers about their obligations.
An employer was right to sack a worker for making racist comments on a public two-way radio, despite the fact he had worked at the company for more than three decades and was under personal duress at the time, the Fair Work Commission has found.
The Fair Work Commission has upheld an employer's dismissal of a worker who refused to sign an acknowledgement he had undergone social media training, arguing it is inevitable social media policies go beyond purely an "at work" context.
HR professionals who 'educate up' to senior executive level about commonly confused redundancy obligations can help organisations avoid costly payouts and media fallout, according to employment lawyer Murray Procter.
In taking steps to minimise Christmas-related risks, employers should bear in mind it's often clients, not staff, who create the biggest headaches for HR, an employment lawyer warns.
A well planned and executed downsizing can result in change that is soon forgotten, but if things are managed badly, "people will talk about it for years", says Right Management's Bridget Beattie.
In this 15-minute podcast, employment lawyer Kristin Duff (Ramsey) answers 13 questions from subscribers about employment contracts, in relation to probation periods, changes to remuneration packaging, terminating fixed-term contracts, employment offers and more.
Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
