Employment law cases | Page 340 (3,594 items)

Employers are often reluctant to ask how a job applicant with a disability might perform a role, but they should be giving each one "a real opportunity to demonstrate capacity", according to federal Disability Discrimination Commissioner, Graeme Innes.

Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton.

Bullied managers tend to "keep up appearances" rather than ask for help, so employers rarely identify when it is happening, says workplace investigator Harriet Stacey.

Understanding how to interpret signs of deceit in employees - or prospective employees - can be valuable knowledge for HR professionals, says researcher and criminologist Dr David Craig.

Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey.

Many workplace policies make it hard for employers to investigate anonymous complaints, and should be redrafted, according to workplace investigator Lisa Klug.

The Fair Work Act's flexible work provisions have been in place for well over a year, but many managers still don't have a "proper grasp" of them, and base their decisions on misunderstandings and prejudices rather than fact, says Mills Oakley partner Luke Connolly.

In the two years since the Fair Work Act's adverse action provisions commenced there have only been a handful of court decisions, but employers shouldn't assume they are unlikely to face a claim, says employment lawyer Natalie Spark.

Justice in Australian workplaces is heavily skewed toward the employer, with "the system" largely inaccessible to most workers, says Harmers Workplace Lawyers chair, Michael Harmer.

Employers could be found vicariously liable for the way their customers and clients treat employees following recent changes to the Federal Sex Discrimination Act, says Workplace TrainWise managing director Karen Maher.