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 http://www.hrdaily.com.au/RDF/hrdaily_logo.gif http://www.hrdaily.com.au/ The National News Service for HR Professionals http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2540 When seeking to return an ill or injured employee to work, employers should be prepared to ask for - and provide - a great deal of detailed information, says employment lawyer Helen Donovan. HR Daily 2013-03-25T07:27:00+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2543 In this 20-minute Q&A, Herbert Smith Freehills senior associate Helen Donovan answers your questions about managing ill and injured employees. HR Daily 2013-03-22T14:49:28+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2512 Employers should carefully monitor and manage how much discretionary sick leave they provide to employees following an injury or illness, according to employment lawyer Helen Donovan. HR Daily 2013-02-28T07:20:00+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2502 The dispute between Qantas and unions that led to the grounding of its fleet in 2011 has only been resolved "in theory", and is evidence that Australia's industrial relations system is ineffective and out-dated, says Macquarie University professor Paul Gollan. HR Daily 2013-02-19T07:29:00+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2489 Do you know how to obtain an honest, reliable account from a complainant after a workplace incident? Watch this webcast to learn which steps to take. The presentation, by WISE Workplace founder and expert interviewer Harriet Stacey, covers:the aim of the complainant interview;the nature of incidents reported by complainants;the role of memory;cognitive interviewing strategies;applying the PEACE model to complainant interviews; andrecording interviews. HR Daily 2013-02-08T15:47:05+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2375 In the event of an unfair dismissal claim from an injured worker, a solid paper trail is a critical element of an employer's defence, says Mills Oakley lawyer Luke Connolly - but when it comes to constructing one, many don't know where to start. HR Daily 2012-10-15T07:06:00+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2351 Engaging contingent labour purely to save costs is fraught with risks, so employers should ensure they use contractors for the "right" reasons, and take adequate steps to protect themselves against claims, says employment lawyer Nick Duggal. HR Daily 2012-09-20T07:17:00+10:00 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 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 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 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2332 If your organisation needed to make redundancies, would the process be smooth, dispute-free, and minimise the impact on employees? In this presentation, Freehills senior associate Natalie Spark covers: genuine redundancy criteria;employee entitlements;consultation and redeployment obligations;unfair dismissal, discrimination and adverse action risks;how to develop selection criteria; and more. HR Daily 2012-09-06T07:10:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2301 An unfair dismissal ruling that compensated a worker for childcare expenses incurred while she was unemployed could lead to similar claims, lawyers warn. HR Daily 2012-08-14T07:20:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2266 A senior corrections officer who was dismissed following his third domestic violence conviction has been reinstated, after a tribunal found an insufficient connection between his out-of-hours conduct and his job. HR Daily 2012-07-17T07:18:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2258 Recent court rulings highlight the importance of taking care during the recruitment process to avoid disputes over when an employment relationship begins, an employment lawyer says. HR Daily 2012-07-10T07:15:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2244 The Fair Work Act is perceived by many HR practitioners as inhibiting productivity and flexibility, but should employers wait for the legislation to change, or can they do more to make the best of the current situation? HR Daily 2012-06-27T07:27:00+10:00 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 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 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 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2212 It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process. HR Daily 2012-05-28T07:14:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2190 One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck. HR Daily 2012-05-07T07:25:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2189 Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck. In this HRD Plus presentation, he covers the factors to consider in relation to: the nature of your business;the circumstances of the proposed dismissal;policies, procedures and contractual issues;disciplinary, misconduct and performance-related dismissals;dismissal of injured workers;redundancies;remedies; andjurisdictional frameworks. HR Daily 2012-05-07T07:11:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2170 Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark. HR Daily 2012-04-17T07:25:00+10:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2159 When proposing any change in working conditions that could be negatively perceived, employers should ensure they "get their messaging right", or risk public outcry and unflattering media attention, says People & Culture Strategies managing principal, Joydeep Hor. HR Daily 2012-04-10T07:24:00+10:00 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 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2148 A recent workers' compensation decision involving an employer's bungled inquiry into a workplace conflict of interest should ring alarm bells for employers, and highlights some important do's and don'ts for investigating personal or sensitive matters. HR Daily 2012-03-28T07:26:00+11:00 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2147 Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley. HR Daily 2012-03-28T07:13:00+11:00 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 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2122 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". In this webcast, employment lawyer Natalie Spark outlines: How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);Options for managing poor performance - and how to decide which to take;Lessons learned from successful claims against employers; andCase studies of performance management-related claims. HR Daily 2012-03-09T16:10:30+11:00 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 http://www.hrdaily.com.au/nl06_news_selected.php?act=2&selkey=2105 Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn. HR Daily 2012-02-28T08:25:00+11:00