Employers should maintain direct communication with employees during bargaining campaigns and be on the lookout for any "disconnect" between union and employee views, says Freehills partner and collective bargaining expert Chris Gardner.
Seven in ten managers who have received outplacement support are critical of the way the process was handled, and 90 per cent will be active detractors of their previous employer, according to a Macfarlan Lane outplacement report.
A recent Fair Work Australia order - requiring a contractor to reinstate a worker at a principal's site - demonstrates the significant operational issues employers could face if ordered to return a dismissed worker to their former role, says Harmers Workplace Lawyers partner Lesley Maclou.
A recent court finding that an "informal" discussion constituted disciplinary action is a "classic" example of how failing to communicate the purpose - and possible consequences - of management action can put employers at risk, says Thomson Playford Cutlers partner Jacquie Seemann.
The number of employers cited in the Federal Government's 2010 employer of choice for women list has dropped to 95, down from 111 last year and 99 in 2008.
Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says Sparke Helmore special counsel, Adam Saunders.
Romantic relationships in the workplace can create a legal "minefield", but policies that are too prescriptive can offend employees, send the wrong message and weaken a company's competitive edge, says HR commentator Kate Southam.
Employers that support lesbian, gay, bisexual, transgender and intersex (LGBTI) workers enjoy greater employee commitment, says former High Court Justice Michael Kirby.
According to its explanatory memorandum, the Fair Work Act's good faith bargaining requirements are "generally self-explanatory" but RMIT law professor Breen Creighton says this statement is "extraordinary" and calls for greater guidance for employers.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
