The Fair Work Commission will be able to resolve disputes about whether an employee has been dismissed without conducting a hearing, under proposed changes to the Fair Work Act.
Proposals to insert "clearer, and in some contexts prioritised, protections based on biological s-x" in discrimination laws would add a further layer of complexity to employers' obligations in this space, according to a workplace lawyer.
The public interest test poses a "very significant threshold" for employers to meet when they're seeking to appeal a Fair Work Commission decision, a lawyer says.
A major review has largely rejected arguments that the Closing Loopholes reforms have had "unintended consequences" for employers, however it recommends that clearer guidance should be developed as a priority, to reduce uncertainty and complexity.
A recent general protections claim demonstrates that race discrimination laws are "intended to be read broadly and generously", a workplace lawyer says.
It's relatively rare for discrimination claims to proceed to a final hearing at the federal level, but some recent decisions provide "really valuable guidance for employers" on how courts are interpreting these laws, a workplace lawyer says.
What defines a contingent worker remains "as clear as mud", according to a lawyer, who says employers must nonetheless step up their compliance efforts in line with increasing regulator activity.
Employers should expect to face much closer scrutiny of how they use AI tools in hiring and other employment decisions, in light of a class action against a recruitment software provider.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
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.
