Compliance & case law (609 items)

Webcast: Adverse Action - Know your risks

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.
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Webcast: A (practical) dismissal checklist

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. HR Daily Premium 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; and
  • jurisdictional frameworks.
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Webcast: Managing workplace psychological injury risks

Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck. In this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:

  • How to detect, prevent and manage bullying, discrimination and harassment;
  • New psychological injury risks posed by misuse of social networks/media;
  • What to include in bullying and harassment policies;
  • Your rights and responsibilities when managing employees' out-of-hours behaviour;
  • Appropriate responses to employee complaints;
  • Lessons to be learned from successful claims brought against employers;
  • How to defend spurious claims;
  • How to avoid claims arising from performance management; and
  • HR managers' liability for psychological injury under the existing and new OHS national framework.
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Webcast: Performance management in the Fair Work era

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; and
  • Case studies of performance management-related claims.
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Webcast: Contractor clarity - on paper and in practice

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements. This webcast covers how to:

  • determine whether to engage workers as contractors or employees;
  • ensure arrangements satisfy established principal/contractor tests;
  • review existing arrangements to clarify your liability;
  • adapt contracts and practices to reverse the risk; and
  • avoid the risks associated with long-term contracting arrangements.
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