The Fair Work Act and some recent caselaw have made engaging contractors less attractive than it used to be, according to Kemp Strang senior associate, Nick Noonan.
Employers should think twice before trying to convince Fair Work Australia that voluntary overtime leaves workers "better off overall", say the authors of a Lander & Rogers bulletin.
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.
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.
