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.
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.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Watch this webcast to learn:
The major risks in taking action on long-term injured, sick or absent employees;
A step-by-step process for managing employees on unauthorised absence;
What to do when an injured worker is unable to return to work or perform pre-injury duties; and
Tips for defending unfair dismissal and other claims arising from absenteeism.
The Fair Work Act has changed collective bargaining dynamics in fundamental ways, giving employers an opportunity to negotiate for their own benefit as much as for employees, says employment lawyer Chris Gardner. Watch this presentation to learn how to use the provisions.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.