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;
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
HR professionals who recognise the warning signs of someone who may be stealing from their company can take steps to stop fraud or theft before it goes too far, Lander and Rogers partner Craig Higginbotham and senior associate Aaron Goonrey told an employer briefing recently.
Employers should provide training on all grounds of discrimination - especially the lesser-known ones - even if some don't apply to their jurisdiction, says People + Culture Strategies associate Kirryn West.
It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.
In a case that contains some important lessons for employers, the dismissal of an under-performing worker accused of misconduct has been upheld by Fair Work Australia, despite claims his performance had started to improve and his misconduct was "an honest mistake".
Managers should be discouraged from seeking details about individual workers' disabilities and instead be focused solely on the reasonable adjustments needed to accommodate them, say HR leaders.
One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.
