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.
As employers increase their reliance on foreign workers to fill local skills shortages, understanding the 457-visa scheme is becoming a top HR priority. Watch this webinar to ensure that compliance errors don't jeopardise your organisation's ability to take advantage of this valuable resource.
This presentation, by immigration law expert Katie Malyon, outlines:
The criteria for eligibility as a 457-visa sponsor;
The interface between employment and immigration laws;
How to comply with DIAC's requirements around remuneration, record-keeping, notification and more;
Special considerations when dismissing 457-visa holders;
How to transition 457-visa holders to permanent residency; and
Case studies of employers caught out in non-compliance.
Damages awarded to a senior executive who was belatedly accused of misconduct should send a strong message to employers about the need for consistency when terminating staff - especially when the stakes are high, says Harmers Workplace Lawyers chief operating officer Emma Pritchard.
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.