Legal action arising out of performance management used to be confined to award and EBA-covered workers, but increasingly employers are facing claims from managers and more senior employees, according to employment lawyer Natalie Spark.
Bargaining has been taking longer under the Fair Work Act, but if the economy becomes more robust, negotiations might do the same, says Freehills partner Chris Gardner.
A novel union case against an individual director, accused of breaching the terms of an enterprise agreement, is ringing alarm bells for HR practitioners, but avoiding such a prosecution is relatively straightforward, says lawyer Luke Connolly.
Employers should be aware of the potential for "back door" discrimination and other claims under the Fair Work Act's adverse action provisions, say employment lawyers Lisa Berton and Nick Noonan.
The Federal Court has "set in stone" what constitutes procedural fairness, after finding a workplace investigation was flawed and lacking natural justice, according to Wise Workplace Investigations principal, Jo Kamira.
Fair Work Australia's first ruling on an adverse action claim sends a strong message to employers that they must "meticulously" document the reasons behind every decision that affects employees, says employment lawyer Lisa Berton.
Employers should maintain direct communication with employees during bargaining campaigns and be on the lookout for any "disconnect" between union and employee views, says Freehills partner and collective bargaining expert Chris Gardner.
Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
According to its explanatory memorandum, the Fair Work Act's good faith bargaining requirements are "generally self-explanatory" but RMIT law professor Breen Creighton says this statement is "extraordinary" and calls for greater guidance for employers.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
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.
