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.
Now that the Fair Work Act's redeployment requirements have taken effect, even seemingly "unpalatable" redeployment options should be offered to employees, says Kemp Strang employment lawyer Lisa Berton.
More than 50 per cent of SMEs have a poor understanding of the National Employment Standards, which came into effect on 1 January 2010, a survey of 350 employers has found.
As the introduction of the Fair Work Act approaches the six-month mark, HR Daily gives you a run-down of five recent bargaining rulings - and why they matter.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
