Legislation & regulation | Page 54 (696 items)

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".



In this webcast, employment lawyer Natalie Spark outlines:

• How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
• Options for managing poor performance - and how to decide which to take;
• Lessons learned from successful claims against employers; and
• Case studies of performance management-related claims.

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.

Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.

Employees with children have a right to request flexible working arrangements. Do you know how to manage and respond to them?

Employees with children have a right to request flexible working arrangements. Do you know how to manage and respond to them?



This presentation explains:

• Employers' Fair Work Act obligations, and how they interact with parental leave entitlements and anti-discrimination laws;
• The implications of failing to comply with the flexibility provisions, and how you can avoid them; and
• What to include in a flexible working arrangements policy, and how to communicate relevant procedures to employees.

The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.

The Fair Work Act has increased the administrative burden on HR professionals in significant ways, with most saying they now devote more time to industrial relations issues, and have to seek legal advice more often.

The Fair Work Act's adverse action provisions are the biggest cause of headaches for employers and should be modified, according to employment lawyers.