A lot of recent litigation following redundancies has hinged on whether redeployment was a viable option, and HR professionals must consider a growing number of factors in deciding whether or not redeployment is a "reasonable" substitute, according to employment lawyer Murray Procter.
Whether making one role redundant or hundreds, HR professionals have a crucial part to play in ensuring organisations meet their extensive legal obligations and avoid claims from current and ex-employees.
Watch this webcast to:
ensure redundancies are 'genuine' under the Fair Work Act;
understand employees' entitlements if positions are made redundant;
develop sound redundancy criteria that minimise legal risks;
fulfil consultation and redeployment obligations;
manage a safe internal 'paper trail' about decision-making;
handle interactions with unions; and
add real value to the C-suite by informing decision-makers about their obligations.
A small but important change to the Fair Work Act places extra hurdles around roster changes, and will affect most Australian employers, says Warwick Ryan of Swaab Attorneys.
Employers should view the Fair Work Commission's new anti-bullying laws as an opportunity, not a threat, according to lawyer Lesley Maclou, who says much of the publicity surrounding them is based on myths and misconceptions.
HR professionals who 'educate up' to senior executive level about commonly confused redundancy obligations can help organisations avoid costly payouts and media fallout, according to employment lawyer Murray Procter.
How does the new anti-bullying regime apply to your workplace, and how does it affect how you prevent and manage workplace bullying? Watch this webcast for best-practice tips and tools.
HR professionals' duties under work, health and safety laws expose them to numerous personal legal risks, but certain steps can help them minimise these liabilities and avoid criminal penalties, according to safety and employment lawyer Fiona Austin.
Since legislative amendments took effect in August, every complaint and enquiry to the Human Rights Commission about s-xual orientation, gender identity and inters-x status has been related to employment, so it's clear that employers have some work to do, according to Commission President, Professor Gillian Triggs.
The model Work Health and Safety laws now in force in most Australian jurisdictions place new duties on HR professionals, exposing them to areas of personal liability and other risks that can't be ignored. Watch this webcast to understand:
The extent of WHS duties for HR professionals under the model Act;
Who the law considers an "officer" and what their responsibilities entail;
Areas where HR professionals and other senior staff face personal liability risks;
Steps HR professionals can take to ensure decisions that affect safety are defensible;
HR's role in meeting consultation requirements to employees and others; and
Particular issues in relation to psychological injury risks.