Employers should be aware of the potential for "back door" discrimination and other claims under the Fair Work Act's adverse action provisions, say employment lawyers Lisa Berton and Nick Noonan.
Fair Work Australia's first ruling on an adverse action claim sends a strong message to employers that they must "meticulously" document the reasons behind every decision that affects employees, says employment lawyer Lisa Berton.
Employers faced with the prolonged absence of a sick employee - and a "spider's web" of associated legal obligations - are often scared into making hasty decisions, or paralysed by indecision, says workplace lawyer Brad Petley.
Seven in ten managers who have received outplacement support are critical of the way the process was handled, and 90 per cent will be active detractors of their previous employer, according to a Macfarlan Lane outplacement report.
A recent Fair Work Australia order - requiring a contractor to reinstate a worker at a principal's site - demonstrates the significant operational issues employers could face if ordered to return a dismissed worker to their former role, says Harmers Workplace Lawyers partner Lesley Maclou.
A recent court finding that an "informal" discussion constituted disciplinary action is a "classic" example of how failing to communicate the purpose - and possible consequences - of management action can put employers at risk, says Thomson Playford Cutlers partner Jacquie Seemann.
Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
Employers should resist giving departing workers references - regardless of their achievements - in favour of a simple "statement of service", says Hicksons workplace relations practice manager Brad Swebeck.
Employers should take advantage of probation periods to actively manage and assess the performance of new employees, says Freehills workplace relations lawyer Shivchand Jhinku.
More than 50 per cent of SMEs have a poor understanding of the National Employment Standards, which came into effect on 1 January 2010, a survey of 350 employers has found.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
