An employer has been ordered to reinstate a worker it sacked for calling colleagues an offensive name, after the Fair Work Commission found dismissal was a disproportionate response to his misconduct.
Employers can significantly reduce their exposure to sham contracting and underpayment claims by including one "surprisingly" uncommon clause in their contracts, an employment lawyer says.
An ambiguous clause in an enterprise agreement has spurred a costly legal battle over whether an employee refused to comply with a lawful and reasonable direction.
An employer acted fairly when it summarily dismissed an HR manager who took her personnel file home and failed to return it, the Fair Work Commission has found.
Is it lawful to ask a candidate about their workers' compensation history? Or to use positive discrimination to balance a team? How long can employers keep job applicants' details? These questions and more are answered here.
The Fair Work Commission has criticised a manager for failing to deal with the "simple matter" of issuing warnings, finding an employee's dismissal for poor performance was unfair.
It's never been easier to learn so much about prospective candidates before hiring them, but with the extra knowledge comes new decision-making risks. Watch this webcast to understand the key issues in this space, and how to manage them.
Paying the minimum period of notice specified in the Fair Work Act when a contract doesn't address the issue can expose employers to claims they breached "reasonable" notice obligations, an employment law specialist says.
In a webinar on 27 October, an employment lawyer will outline basic and high-level considerations prior to executive, medical and misconduct termination decisions; common traps to avoid in these scenarios; how to minimise post-termination risks; and much more. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
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.
