Compliance & case law | Page 218 (2,192 items)

Upcoming changes to NSW's workers' compensation laws will possibly give rise to a new form of industrial dispute, an employment lawyer has confirmed to HR Daily.

In this presentation Mills Oakley Lawyers senior associate, Erin Rice, outlines four recent cases on restraint of trade, and their implications for drafting enforceable restraints.



She explains:

• the meaning of 'restraint of trade';
• broad principles of enforcement;
• recent decisions; and
• drafting tips.

How many roles do you need to offer an employee, to satisfy the Fair Work Act's redeployment obligations? When should you consult with employees about your redundancy process? Are you obligated to offer redeployment in another state? Hear the answers to these questions and more in this Q&A recording for HR Daily Premium subscribers.

Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan.



Watch their presentation to learn:

• What adverse action is, and when it is prohibited;
• Who can bring adverse action claims, and the process involved;
• The types of scenarios and actions that increase employers' risk of claims;
• Individual liability risks for HR professionals;
• How to establish the strongest defence when facing a claim;
• Lessons learned from recent caselaw; and more.

Attend "Sponsoring overseas workers: HR tips and traps" to understand all the obligations of the 457-visa scheme.

It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

HR Daily Premium presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

A checklist of minimum safety and technical requirements for home-based work is essential to ensure the arrangements are trouble-free, and that employees understand their obligations and responsibilities.

Employers can significantly reduce the risk of a psychological injury claim if they practise eight important steps, say Hicksons employment lawyers Brad Swebeck and Stewart Cameron.

Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.



In this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:

• How to detect, prevent and manage bullying, discrimination and harassment;
• New psychological injury risks posed by misuse of social networks/media;
• What to include in bullying and harassment policies;
• Your rights and responsibilities when managing employees' out-of-hours behaviour;
• Appropriate responses to employee complaints;
• Lessons to be learned from successful claims brought against employers;
• How to defend spurious claims;
• How to avoid claims arising from performance management; and
• HR managers' liability for psychological injury under the existing and new OHS national framework.