Potential reputation damage from a stop-bullying application is so great that employers should always request confidentiality, even if the Commission is reluctant to grant it, says an employment law expert.
Rulings handed down to date provide valuable lessons that can help employers minimise the risk of facing an adverse action claim, and build a defence that will stand up in the Fair Work Commission. Watch this webcast to learn how to apply them.
Every day, HR professionals are required to defend and explain their practices in courts and tribunals, with far-reaching ramifications including legal liability and reputational harm. Watch this webcast to understand how to protect yourself.
In an important ruling on employers' rights to have legal representation in unfair dismissal hearings, the Fair Work Commission has found the HR department of a major retail company had "ample qualifications" to represent itself without a lawyer.
HR professionals who provide advice that isn't followed can find themselves in trouble in Fair Work Commission proceedings, according to employment lawyer Fay Calderone.
The High Court's ruling that Australian contracts do not impose a duty of trust and confidence is a welcome one for employers, but not a green light to ignore their own policies and procedures, an employment law specialist says.
A court has awarded a dismissed employee more than $1 million, finding her initial termination payment of just over $50k substantially underestimated her notice-period and long service leave entitlements.
A national review has recommended stronger laws to prevent discrimination against pregnant employees and parents, while also highlighting some leading practices by employers in relation to parental leave and pregnancy.
The Federal Court has allowed a disgruntled ex-employee to seek access to a report in an adverse action case, casting doubt on the rights employers have to keep documentation private under legal professional privilege.
