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 Do you know your recitals from your releases? http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2474 HR professionals should ensure they understand all the components of settlement deeds, or risk protracted negotiations and unenforceable agreements, according to employment lawyer Karen Jones. HR Daily 2013-01-31T07:29:00+11:00 Express gardening leave clauses boost employer protection http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2431 Including a "gardening leave" clause in executives' contracts is always a good idea, but doing so won't necessarily mean you can enforce it, says employment lawyer Emma Pritchard. HR Daily 2012-11-26T07:25:00+11:00 Webcast: Managing executive terminations http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2429 Do you know which steps to take to protect your organisation's interests after an executive separation? In this presentation, Harmers COO Emma Pritchard explains:Risks employers face when dismissing senior employees;What to review in contracts before a separation of employment;Features of effective restraint clauses, and how to enforce them;Gardening leave - when and how it can operate;Deeds of release - important features to protect the employer; andLessons learned from executive terminations case law. HR Daily 2012-11-23T15:22:00+11:00 Employers unprotected by policies after hefty damages case http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2398 A "very significant" judgment, awarding in excess of $300,000 to a terminated bank executive, should send employers rushing to redraft their contracts and policies, says Harmers chief operating officer Emma Pritchard. HR Daily 2012-11-05T07:13:00+11:00 Costs recovery after resignation breaches 457-visa obligations http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2346 Employers that attempt to recover costs associated with sponsoring workers could find themselves on the wrong side of the law, placing their ongoing eligibility as a sponsor at risk, says immigration law specialist Katie Malyon. HR Daily 2012-09-17T07:05:00+10:00 Webcast: Sponsoring overseas workers - HR tips and traps http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2344 As employers increase their reliance on foreign workers to fill local skills shortages, understanding the 457-visa scheme is becoming a top HR priority. Watch this webinar to ensure that compliance errors don't jeopardise your organisation's ability to take advantage of this valuable resource. This presentation, by immigration law expert Katie Malyon, outlines:The criteria for eligibility as a 457-visa sponsor;The interface between employment and immigration laws;How to comply with DIAC's requirements around remuneration, record-keeping, notification and more;Special considerations when dismissing 457-visa holders;How to transition 457-visa holders to permanent residency; andCase studies of employers caught out in non-compliance. HR Daily 2012-09-14T12:27:52+10:00 High-stakes damages ruling sends a strong message to employers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2319 Damages awarded to a senior executive who was belatedly accused of misconduct should send a strong message to employers about the need for consistency when terminating staff - especially when the stakes are high, says Harmers Workplace Lawyers chief operating officer Emma Pritchard. HR Daily 2012-08-28T07:20:00+10:00 Damages clause made restraint of trade "reasonable" http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2256 An "unusual" court ruling shows that including a liquidated damages clause in contracts might assist employers in having their restraints of trade upheld, an employment lawyer says. HR Daily 2012-07-09T07:20:00+10:00 Webcast: Common law contracts in the Fair Work era http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2224 When and how should you use common law contracts? What issues can arise when negotiating contracts with employees? This presentation answers these questions and more. Kemp Strang partner Stephen Godding and lawyer Ben Urry provide a practical guide to understanding: the interaction between contracts, the NES and Modern Awards;when and how to use common law employment contracts;flexibility options to vary the application of Modern Awards; issues for employers in negotiating employment contracts with employees;case law decisions concerning common law contracts; andtips and tricks for avoiding litigation. HR Daily 2012-06-07T07:08:00+10:00 Don't ignore the warning signs of fraud http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2221 HR professionals who recognise the warning signs of someone who may be stealing from their company can take steps to stop fraud or theft before it goes too far, Lander and Rogers partner Craig Higginbotham and senior associate Aaron Goonrey told an employer briefing recently. HR Daily 2012-06-06T07:18:00+10:00 Judge upholds two-year ban on all HR consulting http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2117 A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business. HR Daily 2012-03-07T08:27:00+11:00 Preview: Contractor clarity - on paper and in practice http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2094 When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements. HR Daily 2012-02-28T08:08:00+11:00 Webcast: Contractor clarity - on paper and in practice http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2093 When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements. This webcast covers how to: determine whether to engage workers as contractors or employees;ensure arrangements satisfy established principal/contractor tests;review existing arrangements to clarify your liability;adapt contracts and practices to reverse the risk; andavoid the risks associated with long-term contracting arrangements. HR Daily 2012-02-27T11:09:00+11:00 457-visa dismissals could be deemed harsh by FWA http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2099 Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon. HR Daily 2012-02-22T08:20:00+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 Worker accused of gross disloyalty unfairly dismissed http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2078 A Fair Work Australia ruling, which found a senior employee was not "grossly disloyal" when he gave the names of recently retrenched staff to a sacked colleague, contains important guidance for employers on what constitutes confidential information. HR Daily 2012-02-07T08:27:00+11:00 Q&A: Best practice employment contracts http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1966 Employers can find themselves on the wrong side of the Fair Work Act if they vary part-time employees' hours without paying overtime, or if they terminate a fixed-term contract with notice. This article answers nine important questions about employment contracts. HR Daily 2011-10-10T08:29:00+11:00 Three-month probation a thing of the past http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1925 Many employers continue to put three-month probation clauses in new employees' contracts, despite the Fair Work Act rendering that timeframe meaningless with regard to dismissals, says employment lawyer Emma Goodwin. HR Daily 2011-08-30T08:26:00+10:00 Contracting arrangements need regular review http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1832 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. HR Daily 2011-06-02T08:22:00+10:00 Employer's discretion no excuse for failing to assess bonus eligibility http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1719 A senior employee whose performance was never assessed to determine whether she was eligible for a bonus has been awarded $74,000 in damages after a court confirmed her employment agreement was breached. HR Daily 2011-02-15T08:24:00+11:00 Cascading restraint clause reasonable and enforceable: Court http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1647 Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey. HR Daily 2010-11-09T08:16:00+11:00 Avoid common law contract pitfalls http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1504 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. HR Daily 2010-06-21T08:29:00+10:00 FWA should clarify acceptance of preferred hours clauses: Lawyers http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=1369 Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn. HR Daily 2010-02-01T08:14:00+11:00