The Federal Court has warned employers against using redundancy "as a pretext for getting rid of an undesired employee" after a university failed to examine a head of school's true motives for proposing an academic's retrenchment.
HR professionals should encourage managers to take all employee complaints seriously, because ignoring a "difficult" worker can lead to expensive legal claims and damaging workplace issues, says employment lawyer Shana Schreier-Joffe.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
