HR Daily

This week's top stories in brief

22 May 2020 12:17pm

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The regulation introduced to protect employers from 'double-dipping' claims has "absolutely no utility" as a result of the Rossato v WorkPac ruling, says Kingston Reid partner Christa Lenard. The "most concerning aspect" is the finding that WorkPac couldn't offset the employee's claim for permanent entitlements with the 25% loading provisions that were expressly stated in some of his contracts.
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Maintaining procedural fairness throughout performance-based dismissals is even more important in an environment where employees have little to lose by making a claim, warns Clayton Utz senior associate Amanda Lyras. It's therefore critical to carefully consider how to ensure procedural fairness as it relates to feedback and warnings.

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It's time for HR functions to reconsider which workforce insights are most useful to organisations and whether they're asking the right questions about their data, a new report from Deloitte says. The current crisis has shed light on the types of workforce data that organisations value most.

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Impacts of the Rossato v WorkPac case are likely to include both a loss of flexibility for employers if more casuals convert to permanency, and also a rise in the irregularity and unpredictability of work for those who don't. "Under this decision, the more certainty a business provides an hourly employee, the more they will be punished, and that is perverse," says RCSA CEO Charles Cameron.

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An employee who refused to use annual leave while receiving double her normal pay on JobKeeper has failed to argue her employer's request was exploitative. Also in this article, confirmation that employees who are stood down cannot access their personal and carer's leave entitlements.

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With the current crisis calling for a more strategic approach to workforce management, Advanced Workforce Strategies director Colin Beames has outlined eight key themes that will help employers get ahead of the curve. "Past assumptions need to be examined and deeper questions asked with senior HR professionals in the pole position to guide this reset."


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