The High Court's Barclay ruling should "put employers' minds at ease" about their ability to successfully defend an adverse action claim, say Kemp Strang employment lawyers.
In this podcast, Lisa Berton and Nick Noonan discuss the importance of the case; its practical implications; and the key steps employers should take to minimise the risk of facing or losing an adverse action claim.
In a judgment that will be welcomed by employers, the High Court has ruled that an employer did not breach the Fair Work Act's adverse action provisions when it took disciplinary action against a union representative.
Assessing employees for redundancy on the basis of "subjective" selection criteria requires extra care to avoid adverse action and other claims, warns Freehills senior associate Natalie Spark.
An unfair dismissal ruling that compensated a worker for childcare expenses incurred while she was unemployed could lead to similar claims, lawyers warn.
Upcoming changes to NSW's workers' compensation laws will possibly give rise to a new form of industrial dispute, an employment lawyer has confirmed to HR Daily.
A senior corrections officer who was dismissed following his third domestic violence conviction has been reinstated, after a tribunal found an insufficient connection between his out-of-hours conduct and his job.
Recent court rulings highlight the importance of taking care during the recruitment process to avoid disputes over when an employment relationship begins, an employment lawyer says.
The Fair Work Act is perceived by many HR practitioners as inhibiting productivity and flexibility, but should employers wait for the legislation to change, or can they do more to make the best of the current situation?
HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar.
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.
