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.
Is it illegal to Google a candidate? Does doing so increase the likelihood of a discrimination claim? Who owns LinkedIn connections? Employment lawyer Nick Noonan answers these questions and more.
Fair Work Australia's "landmark" equal remuneration ruling will pave the way for gender-based arguments to increase minimum pay in some modern awards, according to Lander & Rogers lawyers Daniel Proietto and Patrizia Mercuri.
Many HR managers fail to capitalise on the benefits of a unionised workforce because they mistakenly think those who bring problems to an employer's attention are somehow to blame for them, says ACTU director of policy and legal Joel Fetter.
In an age of vicarious liability, employers must be careful to clarify their expectations of employee behaviour beyond the workplace as well as within it, say lawyers Aaron Allegretto and Neil Napper.
Employers can improve their workplace culture and enhance their reputation by supporting employee volunteering, but the more involved they are, the more likely they are to incur liability, says lawyer Barry Sherriff.
Recent court rulings involving employees' social media "indiscretions" provide some guidance, but not certainty, for employers and workers, says employment lawyer Lisa Berton.
The Fair Work Act has many benefits for employers and workers alike, but its bargaining provisions - which are yet to be fully tested - could prove controversial, says ACCI chief executive Peter Anderson.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
