Many employers continue to put three-month probation clauses in new employees' contracts, despite the Fair Work Act rendering that timeframe meaningless with regard to dismissals, says employment lawyer Emma Goodwin.
Too many employers put their "heads in the sand" when in doubt about the clarity of their contracting arrangements, but it's far better to "crystallise their liability", says employment lawyer Brad Swebeck.
A senior employee whose performance was never assessed to determine whether she was eligible for a bonus has been awarded $74,000 in damages after a court confirmed her employment agreement was breached.
Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
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.
