Employee class actions are expensive and time-consuming, but employers can take some steps to minimise these costs, according to a lawyer who sets out what to expect when an action is imminent or underway.
In "blindly" accepting an employee had verbally harassed colleagues, an HR manager unfairly deprived her of the opportunity to defend herself, the Fair Work Commission has ruled in awarding her $26k for unfair dismissal.
In deciding not to make stop-bullying orders, the Fair Work Commission doesn't "in all cases" need to first determine whether bullying has occurred, if it considers a current employee is not at risk of such conduct in the future, a full bench has confirmed.
After successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.
A high-profile sexual harassment ruling provides a clear reminder to employers of the importance of ensuring that positive workplace cultures are led from the top, lawyers say.
Referring to an employee's "body proportions" when directing her to comply with a uniform policy was unacceptable, but it didn't force her to resign, the Fair Work Commission has ruled.
The growing number and diversity of employment-related class actions suggest they won't drop off "any time soon", and positive duty non-compliance is a key risk area to watch, a lawyer warns.
The redeployment obligations confirmed by the High Court today might be "pretty straightforward" in obvious hypothetical scenarios, but they're likely to become "very tricky" for employers operating in the real world, a lawyer says.
When employees at risk of burnout start managing their energy, as opposed to their time, their performance can "skyrocket", an organisational psychologist says.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
