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.
Employers should carefully monitor and manage how much discretionary sick leave they provide to employees following an injury or illness, according to employment lawyer Helen Donovan.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
