In an age of vicarious liability, employers must be careful to clarify their expectations of employee behaviour beyond the workplace as well as within it, say lawyers Aaron Allegretto and Neil Napper.
Employers can improve their workplace culture and enhance their reputation by supporting employee volunteering, but the more involved they are, the more likely they are to incur liability, says lawyer Barry Sherriff.
Recent court rulings involving employees' social media "indiscretions" provide some guidance, but not certainty, for employers and workers, says employment lawyer Lisa Berton.
The Fair Work Act has many benefits for employers and workers alike, but its bargaining provisions - which are yet to be fully tested - could prove controversial, says ACCI chief executive Peter Anderson.
Transfer-of-business provisions introduced by the Fair Work Act have the potential to make life very difficult for HR managers, but if employers plan ahead, associated costs and complications can be avoided, says Hicksons partner Brad Swebeck.
Day-to-day performance discussions do not usually warrant the offer of a support person, but if it's possible the matter will escalate, it's safer to err on the side of caution, says Macpherson+Kelley Lawyers principal Andrew Douglas.
September 2009 changes to the 457-visa scheme were "so far reaching, and so hastily introduced", that even the Department of Immigration and Citizenship is still struggling to understand them, says Acacia Immigration Australia CEO Mark Webster.
Employers should tread carefully when fielding leave requests from new or expecting parents, as the risk of an adverse action or discrimination claim will be heightened, Kemp Strang lawyers warned guests at a breakfast briefing last month.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
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.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.