A NSW employer that allegedly told a worker to "bear the consequences" of her "inconvenient" pregnancy, is facing fines of up to $231,000 following the launch of the Fair Work Ombudsman's first pregnancy discrimination case.
Next time your organisation is defending an adverse action claim, it should think twice before deciding to settle, says Kemp Strang senior associate Nick Noonan.
When employers are convinced that a worker's claim against them is totally without merit, they should consider defending themselves "as a matter of principle", says Minter Ellison partner Richard West.
A novel union case against an individual director, accused of breaching the terms of an enterprise agreement, is ringing alarm bells for HR practitioners, but avoiding such a prosecution is relatively straightforward, says lawyer Luke Connolly.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
HR managers could be found personally liable for bullying and harassment at work, under the national OHS framework, if they fail to take steps to prevent it, according to Hicksons Lawyers partner Brad Swebeck.
Organisations need to take responsibility for bullying because its presence in a workplace signifies "systemic dysfunction", says psychologist Evelyn Field.
There are few legal risks linked to banning 'body art' at work, but employers should ensure policies are relevant to the workplace and consistently applied, says workplace lawyer Brad Petley.
Australia's "anti-dobbing" culture can obstruct efforts to eradicate workplace bullying and create a "huge problem" for employers, says general counsel for Harmers Workplace Lawyers, Greg Robertson.
It is the way managers deal with employee complaints - rather than the subject of the complaints - that can trigger workers to launch legal claims, according to Hicksons workplace relations practice manager, Brad Swebeck.
