Adverse action (114 items)


Podcast: What the High Court's adverse action ruling means for employers

The High Court's Barclay ruling should "put employers' minds at ease" about their ability to successfully defend an adverse action claim, say Kemp Strang employment lawyers. In this podcast, Lisa Berton and Nick Noonan discuss the importance of the case; its practical implications; and the key steps employers should take to minimise the risk of facing or losing an adverse action claim. » more »




Productivity and equity the dual focus of FW Act review

More certainty around public holiday penalty rates, harmonised long-service leave provisions, and broader rights to request flexible work are among the recommendations of the Fair Work Act review's report. In this article, review panellist Ron McCallum outlines some of the key proposals that - if enacted - are likely to impact on employers. » more »



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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Q&A: Adverse action - Know your risks

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar. » more »