Employment law cases | Page 331 (3,543 items)

A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.

Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn.

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.

Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.

Employees with children have a right to request flexible working arrangements. Do you know how to manage and respond to them?



This presentation explains:

• Employers' Fair Work Act obligations, and how they interact with parental leave entitlements and anti-discrimination laws;
• The implications of failing to comply with the flexibility provisions, and how you can avoid them; and
• What to include in a flexible working arrangements policy, and how to communicate relevant procedures to employees.

When the reality of an organisation's culture doesn't match its espoused values, simple conversations can help bring the "miserable people" into line, says leadership educator Steve Fearns.

There is a widely-held but false perception among medium and large employers that s*xual harassment mostly occurs in small businesses without HR support, says Learning Seat chief executive Tim Legge.

The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.

A Fair Work Australia ruling, which found a senior employee was not "grossly disloyal" when he gave the names of recently retrenched staff to a sacked colleague, contains important guidance for employers on what constitutes confidential information.