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.
The end of any contracting arrangement heralds a heightened risk of employee entitlement claims, but those involving unpaid superannuation are particularly hard to defend and costly to address, according to PwC partner Rohan Geddes.
Nothing unsettles staff quite like the word "redundancy", but according to lawyer Natalie Spark, avoiding it and skirting around the issue can do more harm than good.
Different time zones, isolated workers and productivity concerns can all be turned from challenges to advantages with some creative thinking, a conference heard this week.
In a ruling that could generate a wave of new obligations for employers, the Federal Court has found the Commonwealth Bank's failure to consider redeployment opportunities before dismissing an executive breached an implied duty of trust and confidence.
HR professionals should ensure they understand all the components of settlement deeds, or risk protracted negotiations and unenforceable agreements, according to employment lawyer Karen Jones.
Including a "gardening leave" clause in executives' contracts is always a good idea, but doing so won't necessarily mean you can enforce it, says employment lawyer Emma Pritchard.
A "very significant" judgment, awarding in excess of $300,000 to a terminated bank executive, should send employers rushing to redraft their contracts and policies, says Harmers chief operating officer Emma Pritchard.
Employers that attempt to recover costs associated with sponsoring workers could find themselves on the wrong side of the law, placing their ongoing eligibility as a sponsor at risk, says immigration law specialist Katie Malyon.
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.
