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.
Two employees who were sacked after they punched a supervisor in the head were unfairly dismissed, the Fair Work Commission has found, in a case that illustrates the dangers of "unsophisticated" HR management.
Every HR professional should understand the key terms in employment contracts, when to review and vary them, and how contracts interact with legislation, industrial instruments and workplace policies. Watch this webcast to ensure you're across these areas.
Confusion about how long an organisation should retain a sick or injured employee who's unable to work could be stopping many employers from lawfully terminating absent staff, according to lawyers from Hicksons' workplace relations group.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Court rulings show how important it is to draft contracts clearly, and to include simple clauses that can protect organisations from expensive litigation, but many employers still haven't learned the lessons, says Hynes Legal associate director, Kristin Duff.
