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.
Employers should resist giving departing workers references - regardless of their achievements - in favour of a simple "statement of service", says Hicksons workplace relations practice manager Brad Swebeck.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
Now that the Fair Work Act's redeployment requirements have taken effect, even seemingly "unpalatable" redeployment options should be offered to employees, says Kemp Strang employment lawyer Lisa Berton.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
