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.
A major provider of HR services has been hit with a rare costs order, after hiring a competitor's employee in contravention of his contractual restraints.
The most important aspect of a company restructure is the individual conversations managers have with the people who are losing their jobs, according to Lee Hecht Harrison managing director Bruce Anderson, who says organisations that do this well can actually strengthen their employer brand.
A lot can go wrong when you're downsizing, whether it's two roles or 200. In this podcast, DLA Piper partner Pattie Walsh sets out three key redundancy mistakes.
A tribunal has upheld an employer's decision to sack a worker who admitted - then denied - that he sent a s-xually suggestive email from a colleague's account.
An employee sacked for using foul language during an altercation with his supervisor will receive compensation, after the Fair Work Commission found an HR manager misrepresented a "crucial issue" when documenting the incident.
When seeking to return an ill or injured employee to work, employers should be prepared to ask for - and provide - a great deal of detailed information, says employment lawyer Helen Donovan.
Managing long-term absent employees requires a cautious and proactive approach, or employers risk facing claims involving the whole gamut of employment law.
Watch this webcast to understand how to:
manage prolonged absences from work;
identify the 'inherent requirements' of a position;
consider 'reasonable adjustments';
ensure compliance with the proposed amendments to Commonwealth anti-discrimination laws;
determine what material to provide in an independent medical assessment;
return employees to work on suitable duties; and
evaluate relevant legal risks before a termination of employment.
Employers contemplating redundancies this year should consider the lessons from five rulings before taking any steps, says Lander and Rogers partner Neil Napper.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
