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.
Workplace s*xual harassment litigation is increasingly following an "alarming formula" that HR professionals should be aware of, says PCS managing principal, Joydeep Hor.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
In the wake of two recent judgments, employers appear to have more onerous obligations when defending claims brought under the Fair Work Act's adverse action provisions, say employment lawyers.
Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley.
What should you do when an employee doesn't want a bullying allegation investigated? How prescriptive should your Christmas party memos be? What role should senior leaders take at celebrations? Lawyer Joydeep Hor answers these questions and more.
How do you manage employees who have been injured outside of work? What happens when an employee refuses an independent medical assessment? When is it safe to terminate an ill or injured employee? Lawyer Luke Connolly answers these questions and more on this important topic.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
