The United States' famous litigation culture has led employers there to become more innovative in handling workplace disputes, developing systems and practices Australian HR professionals can learn from, according to an IR academic.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers are not expected to be "mind readers" about the workplace adjustments required by workers with disability, a tribunal has noted in dismissing a disability discrimination claim.
A worker accused of sleeping on the job has been awarded $15,500 after a court found her employer had not closely followed the three-strike disciplinary procedure of its enterprise agreement.
Data from the first quarter of the Fair Work Commission's anti-bullying regime underlines the importance of training managers and supervisors to minimise legal risks during performance management discussions, an employment lawyer says.
Engaging independent contractors used to be "relatively easy", but the contract clauses that previously protected organisations from contractor claims are not as defensible as they once were, according to Ashurst senior associate, Taboka Finn.
Casuals, contractors, labour hire and fixed-term employees can be a valuable asset to an organisation - or its biggest risk. Watch this webcast to understand which factors to consider when deciding to engage the various types of contingent workers; and more.
The laws that govern a union's right to enter a workplace have been around for years now, but many employers are still shocked and confused about what to do when a union official arrives at the door, according to employment lawyer Mark Branagan.
Workplace incidents that occurred before the new jurisdiction commenced can be considered as evidence in stop-bullying proceedings, the Fair Work Commission has ruled.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
