Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
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.
Employers are only beginning to realise the potential impact of LinkedIn on their ability to retain business contacts, enforce post-employment restraints, and avoid costly claims, according to DLA Piper Australia senior associate Elizabeth Ticehurst.
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.
HR professionals who encounter suspicious medical certificates are entitled to question them, but "you should be very sure of your facts before putting allegations to employees", according to Workplace Law managing director Athena Koelmeyer.
What are your options when an employee is sick after exhausting all leave entitlements? Have you ever been given a medical certificate that seems less than legit? Watch this webcast to understand how to manage personal leave in a legally sound way.
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.
A recent court case sends a timely reminder that whenever HR professionals communicate something negative about an employee to anyone other than that person, they should beware of defamation risks, says Lander and Rogers partner Neil Napper.
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.
