Under the model OHS laws that take effect in January, an HR manager who under-staffs a department where an injury occurs could potentially be found criminally liable, says employment lawyer Paul Cutrone.
Many workplace policies make it hard for employers to investigate anonymous complaints, and should be redrafted, according to workplace investigator Lisa Klug.
Organisations can minimise the risk of claims from contractors seeking employee benefits by regularly reviewing their arrangements to ensure "the weight of the evidence" suggests they are principals, not employers, says employment lawyer Brad Swebeck.
Employers that let management, rather than the board, "drive and manage" executive remuneration could face criminal penalties following recent changes to federal legislation, says Mercer Australia head of executive remuneration Christine Deveney.
In the two years since the Fair Work Act's adverse action provisions commenced there have only been a handful of court decisions, but employers shouldn't assume they are unlikely to face a claim, says employment lawyer Natalie Spark.
Employers could be found vicariously liable for the way their customers and clients treat employees following recent changes to the Federal Sex Discrimination Act, says Workplace TrainWise managing director Karen Maher.
An HR manager has been fined in the Federal Magistrates Court, in a case that sends "a clear message" about HR's obligations to provide employment advice, says Hicksons partner Brad Swebeck.
Inviting an employee who is being retrenched to apply for another position does not constitute redeployment, and could mean the employer fails the Fair Work Act's "genuine redundancy" test, Kemp Strang lawyers told a recent breakfast briefing in Sydney.
In a ruling that addresses some important issues on procedural fairness, Fair Work Australia has upheld a worker's dismissal for inappropriate conduct despite her employer's failure to provide her with all the information on which its decision was based.
Too many employers put their "heads in the sand" when in doubt about the clarity of their contracting arrangements, but it's far better to "crystallise their liability", says employment lawyer Brad Swebeck.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
