Legislation & regulation | Page 52 (693 items)

Recent court rulings highlight the importance of taking care during the recruitment process to avoid disputes over when an employment relationship begins, an employment lawyer says.

An "unusual" court ruling shows that including a liquidated damages clause in contracts might assist employers in having their restraints of trade upheld, an employment lawyer says.

The Fair Work Act is perceived by many HR practitioners as inhibiting productivity and flexibility, but should employers wait for the legislation to change, or can they do more to make the best of the current situation?

HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar.

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;
• Lessons learned from recent caselaw; and more.

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
• tips and tricks for avoiding litigation.

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.

Here HR Daily rounds up responses to Federal Budget announcements that will potentially have an impact on HR functions.

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.