Despite being one of Australia's largest employers, Coles has successfully argued its HR team lacks the skills required to defend a complex unfair dismissal claim. Also in this article, an employer publicly apologises for employment law breaches; and more.
An employer was wrong to sack an employee whose public critiques breached its code of conduct when he had a right to express himself freely under its enterprise agreement, a court has ruled.
The Fair Work Commission has ordered the Australian Workers' Union to back down on a bargaining ultimatum that it found was based on an irrelevant grievance, breaching good faith bargaining obligations.
Salary projections for top HR managers are as much as $50k higher than a year ago, according to Robert Half's 2019 guide. Also in this article, the FWC has rejected that a casual employee's dismissal was a genuine redundancy; and more.
The new reality of workplace compliance enforcement is that large, sophisticated employers are regularly being caught out for inadvertent breaches, says former Fair Work Ombudsman Natalie James.
For the first time, employers are beginning to take advantage of good faith bargaining provisions, with two "fascinating" developments over the past year, a lawyer says.
A union has successfully argued that an employer's enterprise agreement requires it to convert labour hire workers to direct permanent roles after a year's service, in a case that all labour hire users and providers should be "very concerned" about.
Last night's Federal Budget provides for a dedicated sham contracting unit within the Fair Work Ombudsman, allocating $9.2 million over four years from FY20.
The Fair Work Commission has rejected an employee's claim that failing to sign a deed of release voided his resignation. Also in this article, an employee wasn't 'forced' to leave her employment because of alleged discrimination; bargaining-related strikes are on the rise; and more.
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.