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.
Many HR managers fail to capitalise on the benefits of a unionised workforce because they mistakenly think those who bring problems to an employer's attention are somehow to blame for them, says ACTU director of policy and legal Joel Fetter.
Australian courts - in a move away from UK law - are becoming more willing to enforce "contentious" restraints that aim to prevent exiting employees poaching their co-workers, says Professor of Labour Law, Dr Joellen Riley.
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.
