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.
What should you do when an employee doesn't want a bullying allegation investigated? How prescriptive should your Christmas party memos be? What role should senior leaders take at celebrations? Lawyer Joydeep Hor answers these questions and more.
How do you manage employees who have been injured outside of work? What happens when an employee refuses an independent medical assessment? When is it safe to terminate an ill or injured employee? Lawyer Luke Connolly answers these questions and more on this important topic.
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.
Employers should think twice before trying to convince Fair Work Australia that voluntary overtime leaves workers "better off overall", say the authors of a Lander & Rogers bulletin.
Legal action arising out of performance management used to be confined to award and EBA-covered workers, but increasingly employers are facing claims from managers and more senior employees, according to employment lawyer Natalie Spark.
Bargaining has been taking longer under the Fair Work Act, but if the economy becomes more robust, negotiations might do the same, says Freehills partner Chris Gardner.
A novel union case against an individual director, accused of breaching the terms of an enterprise agreement, is ringing alarm bells for HR practitioners, but avoiding such a prosecution is relatively straightforward, says lawyer Luke Connolly.
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.
The laws around engaging casual and contract workers have changed drastically this year. Understand how this affects your organisation by attending this HR Daily webinar.
From August, employees will have a legislated right to disconnect from work. Understand what this means for your organisation by watching this HR Daily Premium webcast.
