Initial concerns about the impact on employers of the Fair Work Act's adverse action provisions have proven to be unfounded, but employers should expect to face more claims now that case law has clarified the way it operates, says employment lawyer Amanda Harvey.
When seeking to return an ill or injured employee to work, employers should be prepared to ask for - and provide - a great deal of detailed information, says employment lawyer Helen Donovan.
Employers should carefully monitor and manage how much discretionary sick leave they provide to employees following an injury or illness, according to employment lawyer Helen Donovan.
The dispute between Qantas and unions that led to the grounding of its fleet in 2011 has only been resolved "in theory", and is evidence that Australia's industrial relations system is ineffective and out-dated, says Macquarie University professor Paul Gollan.
In the event of an unfair dismissal claim from an injured worker, a solid paper trail is a critical element of an employer's defence, says Mills Oakley lawyer Luke Connolly - but when it comes to constructing one, many don't know where to start.
Engaging contingent labour purely to save costs is fraught with risks, so employers should ensure they use contractors for the "right" reasons, and take adequate steps to protect themselves against claims, says employment lawyer Nick Duggal.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
