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;
When and how should you use common law contracts? What issues can arise when negotiating contracts with employees? This presentation answers these questions and more.
Kemp Strang partner Stephen Godding and lawyer Ben Urry provide a practical guide to understanding:
the interaction between contracts, the NES and Modern Awards;
when and how to use common law employment contracts;
flexibility options to vary the application of Modern Awards;
issues for employers in negotiating employment contracts with employees;
case law decisions concerning common law contracts; and
Employers should provide training on all grounds of discrimination - especially the lesser-known ones - even if some don't apply to their jurisdiction, says People + Culture Strategies associate Kirryn West.
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.
One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.
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;
Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.
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 an important ruling for employers, a tribunal has cleared an organisation of vicarious liability for sexual harassment, finding that it took "all reasonable steps" to prevent the behaviour from occurring.
