Employment law cases | Page 312 (3,384 items)

Recent court rulings highlight the importance of taking care during the recruitment process to avoid disputes over when an employment relationship begins, an employment lawyer says.

An "unusual" court ruling shows that including a liquidated damages clause in contracts might assist employers in having their restraints of trade upheld, an employment lawyer says.

In this presentation Mills Oakley Lawyers senior associate, Erin Rice, outlines four recent cases on restraint of trade, and their implications for drafting enforceable restraints.



She explains:

• the meaning of 'restraint of trade';
• broad principles of enforcement;
• recent decisions; and
• drafting tips.

Organisations seeking to avoid sexual harassment scandals should rely not on policy or procedure to change their culture, but on the behaviour of their leaders, says Professor Julie Zetler of the Faculty of Business and Economics at Macquarie University.

How many roles do you need to offer an employee, to satisfy the Fair Work Act's redeployment obligations? When should you consult with employees about your redundancy process? Are you obligated to offer redeployment in another state? Hear the answers to these questions and more in this Q&A recording for HR Daily Premium subscribers.

The Fair Work Act is perceived by many HR practitioners as inhibiting productivity and flexibility, but should employers wait for the legislation to change, or can they do more to make the best of the current situation?

HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar.

Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan.



Watch their presentation to learn:

• What adverse action is, and when it is prohibited;
• Who can bring adverse action claims, and the process involved;
• The types of scenarios and actions that increase employers' risk of claims;
• Individual liability risks for HR professionals;
• How to establish the strongest defence when facing a claim;
• Lessons learned from recent caselaw; and more.

Attend "Sponsoring overseas workers: HR tips and traps" to understand all the obligations of the 457-visa scheme.

When and how should you use common law contracts? What issues can arise when negotiating contracts with employees? This presentation answers these questions and more.



Kemp Strang partner Stephen Godding and lawyer Ben Urry provide a practical guide to understanding:

• the interaction between contracts, the NES and Modern Awards;
• when and how to use common law employment contracts;
• flexibility options to vary the application of Modern Awards;
• issues for employers in negotiating employment contracts with employees;
• case law decisions concerning common law contracts; and
• tips and tricks for avoiding litigation.