Inviting an employee who is being retrenched to apply for another position does not constitute redeployment, and could mean the employer fails the Fair Work Act's "genuine redundancy" test, Kemp Strang lawyers told a recent breakfast briefing in Sydney.
In a ruling that addresses some important issues on procedural fairness, Fair Work Australia has upheld a worker's dismissal for inappropriate conduct despite her employer's failure to provide her with all the information on which its decision was based.
Too many employers put their "heads in the sand" when in doubt about the clarity of their contracting arrangements, but it's far better to "crystallise their liability", says employment lawyer Brad Swebeck.
Discrimination against people who smoke or are obese is an emerging issue in many workplaces, according to a new International Labour Organisation report, which says raising awareness is a key to driving change.
Fair Work Australia's "landmark" equal remuneration ruling will pave the way for gender-based arguments to increase minimum pay in some modern awards, according to Lander & Rogers lawyers Daniel Proietto and Patrizia Mercuri.
Many HR managers fail to capitalise on the benefits of a unionised workforce because they mistakenly think those who bring problems to an employer's attention are somehow to blame for them, says ACTU director of policy and legal Joel Fetter.
Australian courts - in a move away from UK law - are becoming more willing to enforce "contentious" restraints that aim to prevent exiting employees poaching their co-workers, says Professor of Labour Law, Dr Joellen Riley.
A new report into age discrimination says employers who really want a productive and committed workforce should make "much better use" of the skills and experience of older workers.
Workplace s*xual harassment litigation is increasingly following an "alarming formula" that HR professionals should be aware of, says PCS managing principal, Joydeep Hor.
Recent court rulings involving employees' social media "indiscretions" provide some guidance, but not certainty, for employers and workers, says employment lawyer Lisa Berton.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
