Browsing: Adverse action (160 items)

Flexible-work myths heighten legal risk

The Fair Work Act's flexible work provisions have been in place for well over a year, but many managers still don't have a "proper grasp" of them, and base their decisions on misunderstandings and prejudices rather than fact, says Mills Oakley partner Luke Connolly.

No comfort for employers in adverse action rulings

In the two years since the Fair Work Act's adverse action provisions commenced there have only been a handful of court decisions, but employers shouldn't assume they are unlikely to face a claim, says employment lawyer Natalie Spark.

Adverse action ruling makes employer defence tougher

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.

Procedural fairness hard to prove without investigation

Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley.

Lawyer's adverse action advice: Call their bluff

Next time your organisation is defending an adverse action claim, it should think twice before deciding to settle, says Kemp Strang senior associate Nick Noonan.

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