Employers should think twice before trying to convince Fair Work Australia that voluntary overtime leaves workers "better off overall", say the authors of a Lander & Rogers bulletin.
Legal action arising out of performance management used to be confined to award and EBA-covered workers, but increasingly employers are facing claims from managers and more senior employees, according to employment lawyer Natalie Spark.
Employers that face dubious flexible work requests can ask workers for evidence of authenticity, and should flag their "discretionary right" to do so in their policies, says Mills Oakley lawyer Luke Connolly.
Participation in sporting events and social activities can benefit workers and employers alike, but organisations that aren't prepared to take on the risk of liability should qualify their support, says FCB partner and director, Jessica Fisher.
A group of Queensland employers that told workers about an upcoming restructure, but excluded them from the decision-making process, breached the consultation obligations in 20 workplace agreements, the Federal Court has found, imposing maximum penalties.
Bargaining has been taking longer under the Fair Work Act, but if the economy becomes more robust, negotiations might do the same, says Freehills partner Chris Gardner.
Next time your organisation is defending an adverse action claim, it should think twice before deciding to settle, says Kemp Strang senior associate Nick Noonan.
When employers are convinced that a worker's claim against them is totally without merit, they should consider defending themselves "as a matter of principle", says Minter Ellison partner Richard West.
A novel union case against an individual director, accused of breaching the terms of an enterprise agreement, is ringing alarm bells for HR practitioners, but avoiding such a prosecution is relatively straightforward, says lawyer Luke Connolly.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
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.
