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.
In some of the key cases handed down in the anti-bullying jurisdiction so far, the Fair Work Commission has provided useful guidance on what constitutes "repeated unreasonable behaviour", but also raised concerns about the scope of orders it can make.
Employers have no automatic right to legal representation when defending claims in the anti-bullying jurisdiction, despite popular belief to the contrary, according to DLA Piper senior associate Elizabeth Ticehurst.
Strong informal processes can prevent many bullying complaints from escalating into full-blown claims and legal action, but only if employers avoid common mistakes with them, says employment lawyer Jordan Tilse.
Without procedural fairness, even the most seemingly justified disciplinary decisions can be challenged and overturned. Don't risk this happening after your next workplace investigation.
This webcast covers:
The three principles of procedural fairness;
The "evidence rule";
Practical case law lessons from past investigations; and more.
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.
