Industrial relations, disputes & unions | Page 47 (576 items)

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.

Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan.



Watch their presentation to learn:

• What adverse action is, and when it is prohibited;
• Who can bring adverse action claims, and the process involved;
• The types of scenarios and actions that increase employers' risk of claims;
• Individual liability risks for HR professionals;
• How to establish the strongest defence when facing a claim;
• Lessons learned from recent caselaw; and more.

When and how should you use common law contracts? What issues can arise when negotiating contracts with employees? This presentation answers these questions and more.



Kemp Strang partner Stephen Godding and lawyer Ben Urry provide a practical guide to understanding:

• the interaction between contracts, the NES and Modern Awards;
• when and how to use common law employment contracts;
• flexibility options to vary the application of Modern Awards;
• issues for employers in negotiating employment contracts with employees;
• case law decisions concerning common law contracts; and
• tips and tricks for avoiding litigation.

It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.

One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

HR Daily Premium presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.

When proposing any change in working conditions that could be negatively perceived, employers should ensure they "get their messaging right", or risk public outcry and unflattering media attention, says People & Culture Strategies managing principal, Joydeep Hor.

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.