Employers forced to make redundancies after the Fair Work Act comes into force in July must prove they have proactively pursued all redeployment alternatives before letting workers go - and an internal job board won't cut the mustard, says a workplace relations lawyer.
Employers must ensure they understand the modern award system before it comes into effect in just nine months, according to workplace lawyer Shana Schreier-Joffe, who warns that the new Fair Work Australia regulator is likely to be vigilant in pursuing employers for non-compliance.
Employers should get ready to deal with trade union requests to disclose company information - and determine what they can keep confidential - before the first part of the Fair Work Act 2009 takes effect mid-year, says University of Adelaide Professor of Law, Andrew Stewart.
Of the 10 National Employment Standards the Federal Government aims to have commence next year, employers are most concerned by the least novel ones - those covering workplace flexibility and family responsibilities - new research shows.
Employers compelled to make employees redundant because of the economic downturn are still entitled to enforce restraint clauses, says Minter Ellison Lawyers partner, Gareth Jolly.
Employers looking to implement workplace drug and alcohol testing must ensure that the process is completely transparent to avoid possible litigation - especially when it comes to sacking workers who test positive to prohibited substances, says Harmers Workplace Lawyers partner, Jamie Robinson.
The volatile economy makes it crucial that employers consider whether their compliance program is up-to-date and appropriate for the current market, according to lawyer Randal Dennings.
Employers should develop workplace surveillance policies to avoid the risk of breaching privacy legislation and copping heavy fines - whether they intend to monitor staff or not, according to Harmers Workplace Lawyers senior associate, Bronwyn Maynard.
"Gardening leave" clauses in employment contracts can be an effective means to keep company secrets out of competitors' hands and prevent departing employees from disrupting the workplace, providing they are not enforced for an "unreasonable" length of time, according to a senior employment lawyer.
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.
