Of the 10 National Employment Standards the Federal Government aims to have commence next year, employers are most concerned by the least novel ones - those covering workplace flexibility and family responsibilities - new research shows.
Employers compelled to make employees redundant because of the economic downturn are still entitled to enforce restraint clauses, says Minter Ellison Lawyers partner, Gareth Jolly.
Employers looking to implement workplace drug and alcohol testing must ensure that the process is completely transparent to avoid possible litigation - especially when it comes to sacking workers who test positive to prohibited substances, says Harmers Workplace Lawyers partner, Jamie Robinson.
The volatile economy makes it crucial that employers consider whether their compliance program is up-to-date and appropriate for the current market, according to lawyer Randal Dennings.
Employers should develop workplace surveillance policies to avoid the risk of breaching privacy legislation and copping heavy fines - whether they intend to monitor staff or not, according to Harmers Workplace Lawyers senior associate, Bronwyn Maynard.
"Gardening leave" clauses in employment contracts can be an effective means to keep company secrets out of competitors' hands and prevent departing employees from disrupting the workplace, providing they are not enforced for an "unreasonable" length of time, according to a senior employment lawyer.
Do you know which background checks are relevant to the roles you're recruiting? Screening specialist Peter Stackpole explains when each type of check is warranted.
The proposed national IR laws broaden employers' exposure to discrimination claims and might lead to bigger payouts in some jurisdictions, a senior workplace lawyer says.
Concealing a company's shaky financial position from employees during the economic downturn could be grounds for an unfair dismissal case should redundancies ensue, according to a workplace lawyer.
Employees with children will for the first time have a legislated right to request flexibility in their work arrangements, while employers will have a countervailing right to refuse requests on "reasonable business grounds", if the federal government's new industrial relations bill becomes law.
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.
