Do you have to offer employees a support person at disciplinary meetings? What is the support person's role? Can you refuse to allow a requested support person to attend meetings? Lander & Rogers senior associate Amanda Harvey answers these questions and more.
Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton.
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.
