HR Daily http://www.hrdaily.com.au/index.php The National News Service for HR Professionals en-au Copyright HR Daily 2011 hourly 1 1970-01-01T00:00+00:00 HR Daily http://www.hrdaily.com.au/RDF/hrdaily_logo.gif http://www.hrdaily.com.au/ The National News Service for HR Professionals Adverse action cases set to intensify: lawyer http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2608 Initial concerns about the impact on employers of the Fair Work Act's adverse action provisions have proven to be unfounded, but employers should expect to face more claims now that case law has clarified the way it operates, says employment lawyer Amanda Harvey. HR Daily 2013-05-20T07:18:00+10:00 Webcast: Adverse action update - Key lessons from the case law http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2607 Rulings handed down since the commencement of the Fair Work Act's adverse action provisions have clarified some of the mystery around their operation and contain important lessons for employers. HR Daily 2013-05-17T16:24:34+10:00 Podcast: What the High Court's adverse action ruling means for employers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2341 The High Court's Barclay ruling should "put employers' minds at ease" about their ability to successfully defend an adverse action claim, say Kemp Strang employment lawyers. In this podcast, Lisa Berton and Nick Noonan discuss the importance of the case; its practical implications; and the key steps employers should take to minimise the risk of facing or losing an adverse action claim. HR Daily 2012-09-11T14:08:53+10:00 High Court rules against "unconscious" adverse action http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2338 In a judgment that will be welcomed by employers, the High Court has ruled that an employer did not breach the Fair Work Act's adverse action provisions when it took disciplinary action against a union representative. HR Daily 2012-09-10T07:20:00+10:00 Beware redundancy criteria based on cultural values http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2333 Assessing employees for redundancy on the basis of "subjective" selection criteria requires extra care to avoid adverse action and other claims, warns Freehills senior associate Natalie Spark. HR Daily 2012-09-06T07:28:00+10:00 Productivity and equity the dual focus of FW Act review http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2289 More certainty around public holiday penalty rates, harmonised long-service leave provisions, and broader rights to request flexible work are among the recommendations of the Fair Work Act review's report. In this article, review panellist Ron McCallum outlines some of the key proposals that - if enacted - are likely to impact on employers. HR Daily 2012-08-06T07:16:00+10:00 Out-dated policies pose liability risks for HR http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2240 HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar. HR Daily 2012-06-25T07:19:00+10:00 Webcast: Adverse Action - Know your risks http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2239 Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan. Watch their presentation to learn: What adverse action is, and when it is prohibited;Who can bring adverse action claims, and the process involved;The types of scenarios and actions that increase employers' risk of claims;Individual liability risks for HR professionals;How to establish the strongest defence when facing a claim;Lessons learned from recent caselaw; and more. HR Daily 2012-06-22T15:35:28+10:00 Q&A: Adverse action - Know your risks http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2154 Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar. HR Daily 2012-04-02T07:15:00+10:00 Preview: Performance management in the Fair Work era http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2123 Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out". HR Daily 2012-03-09T16:23:54+11:00 Employers can minimise, but not prevent, adverse action risks: Lawyers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2082 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. HR Daily 2012-02-08T08:26:00+11:00 Adverse action provisions must change: Lawyers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2060 The Fair Work Act's adverse action provisions are the biggest cause of headaches for employers and should be modified, according to employment lawyers. HR Daily 2012-01-23T08:18:00+11:00 Webcast: How to handle difficult employees http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2038 When an employee is under-performing, or their conduct is unsatisfactory, they can have a "rotten apple" effect on other workers, damaging productivity, engagement, and retention levels, says employment lawyer Brad Petley. In this webcast he explains: how difficult employee behaviour can manifest;why employers must manage unsatisfactory conduct or performance;employers' rights and obligations when managing difficult workers;how to minimise your exposure to legal claims associated with difficult employees; andtips and traps along the way. HR Daily 2011-12-05T17:01:54+11:00 Adverse action rulings just "the tip of the iceberg" http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1935 It is nearly impossible for employers to completely understand how the Fair Work Act's adverse action provisions might affect them, but they should "sit up and pay attention" to developing case law, says Hicksons partner Brad Swebeck. HR Daily 2011-09-08T08:24:00+10:00 Redundancy do's and don'ts http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1907 Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton. HR Daily 2011-08-11T08:22:00+10:00 Flexible-work myths heighten legal risk http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1869 The Fair Work Act's flexible work provisions have been in place for well over a year, but many managers still don't have a "proper grasp" of them, and base their decisions on misunderstandings and prejudices rather than fact, says Mills Oakley partner Luke Connolly. HR Daily 2011-07-07T08:21:00+10:00 No comfort for employers in adverse action rulings http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1865 In the two years since the Fair Work Act's adverse action provisions commenced there have only been a handful of court decisions, but employers shouldn't assume they are unlikely to face a claim, says employment lawyer Natalie Spark. HR Daily 2011-07-05T08:17:00+10:00 Adverse action ruling makes employer defence tougher http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1735 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. HR Daily 2011-03-02T08:16:00+11:00 Procedural fairness hard to prove without investigation http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1695 Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley. HR Daily 2011-01-24T08:20:00+11:00 Engaging contractors now more fraught with legal risk http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1572 The Fair Work Act and some recent caselaw have made engaging contractors less attractive than it used to be, according to Kemp Strang senior associate, Nick Noonan. HR Daily 2010-08-26T08:11:00+10:00 Lawyer's adverse action advice: Call their bluff http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1521 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. HR Daily 2010-07-12T08:20:00+10:00 Adverse action claims are the Fair Work Act's "sleeping giant": Lawyers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1452 Employers should be aware of the potential for "back door" discrimination and other claims under the Fair Work Act's adverse action provisions, say employment lawyers Lisa Berton and Nick Noonan. HR Daily 2010-04-28T08:47:00+10:00 Defending adverse action claims requires "meticulous" notes: Lawyer http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1445 Fair Work Australia's first ruling on an adverse action claim sends a strong message to employers that they must "meticulously" document the reasons behind every decision that affects employees, says employment lawyer Lisa Berton. HR Daily 2010-04-21T08:40:00+10:00 Adverse action provisions require "more cautious" decisions: Lawyer http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1220 The "adverse action" provisions under the new industrial relations legislation will compel employers to be more cautious when making decisions that affect employees, according to workplace lawyer Alex Manos. HR Daily 2009-07-24T08:32:00+10:00