Transfer-of-business provisions introduced by the Fair Work Act have the potential to make life very difficult for HR managers, but if employers plan ahead, associated costs and complications can be avoided, says Hicksons partner Brad Swebeck.
Day-to-day performance discussions do not usually warrant the offer of a support person, but if it's possible the matter will escalate, it's safer to err on the side of caution, says Macpherson+Kelley Lawyers principal Andrew Douglas.
September 2009 changes to the 457-visa scheme were "so far reaching, and so hastily introduced", that even the Department of Immigration and Citizenship is still struggling to understand them, says Acacia Immigration Australia CEO Mark Webster.
Employers should tread carefully when fielding leave requests from new or expecting parents, as the risk of an adverse action or discrimination claim will be heightened, Kemp Strang lawyers warned guests at a breakfast briefing last month.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
In the wake of two recent judgments, employers appear to have more onerous obligations when defending claims brought under the Fair Work Act's adverse action provisions, say employment lawyers.
A business coach who publicly rebuked a senior employee during a team meeting acted reasonably, a tribunal has ruled, in rejecting the worker's psychological injury claim.
HR managers need to understand how industrial instruments and relevant legislation affect disciplinary matters before tricky situations arise, says Alison Page, a legal advisor to Wise Workplace Investigations.
A Victorian employee who was sacked without notice for breaching her employer's "backbiting policy" was unfairly dismissed, Fair Work Australia has ruled, describing the policy as "an extremely blunt instrument".
Workplace sexual-harassment policies could be subject to new scrutiny under upcoming equal opportunity legislation, according to lawyers from DLA Phillips Fox.
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.
