Employers can find themselves on the wrong side of the Fair Work Act if they vary part-time employees' hours without paying overtime, or if they terminate a fixed-term contract with notice. This article answers nine important questions about employment contracts.
Employers that learn how to manage their union relationships are far more likely to achieve industrial harmony, says industrial relations consultant Michael Cosgrove.
It is nearly impossible for employers to completely understand how the Fair Work Act's adverse action provisions might affect them, but they should "sit up and pay attention" to developing case law, says Hicksons partner Brad Swebeck.
Many employers continue to put three-month probation clauses in new employees' contracts, despite the Fair Work Act rendering that timeframe meaningless with regard to dismissals, says employment lawyer Emma Goodwin.
Do you have to offer employees a support person at disciplinary meetings? What is the support person's role? Can you refuse to allow a requested support person to attend meetings? Lander & Rogers senior associate Amanda Harvey answers these questions and more.
Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton.
Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey.
Justice in Australian workplaces is heavily skewed toward the employer, with "the system" largely inaccessible to most workers, says Harmers Workplace Lawyers chair, Michael Harmer.
An HR manager has been fined in the Federal Magistrates Court, in a case that sends "a clear message" about HR's obligations to provide employment advice, says Hicksons partner Brad Swebeck.
Inviting an employee who is being retrenched to apply for another position does not constitute redeployment, and could mean the employer fails the Fair Work Act's "genuine redundancy" test, Kemp Strang lawyers told a recent breakfast briefing in Sydney.
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.
