A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.
Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.
The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.
The Fair Work Act's adverse action provisions are the biggest cause of headaches for employers and should be modified, according to employment lawyers.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Watch this webcast to learn:
The major risks in taking action on long-term injured, sick or absent employees;
A step-by-step process for managing employees on unauthorised absence;
What to do when an injured worker is unable to return to work or perform pre-injury duties; and
Tips for defending unfair dismissal and other claims arising from absenteeism.
The Fair Work Act has changed collective bargaining dynamics in fundamental ways, giving employers an opportunity to negotiate for their own benefit as much as for employees, says employment lawyer Chris Gardner. Watch this presentation to learn how to use the provisions.
At HR Daily's recent workforce performance events, Right Management practice leader Rosemarie Dentesano and Freehills senior associate Natalie Spark answered questions on a broad range of performance-related topics. Listen to the full Q&A sessions here.
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.
