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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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