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.
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.
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.
Fair Work Australia's first ruling on an adverse action claim sends a strong message to employers that they must "meticulously" document the reasons behind every decision that affects employees, says employment lawyer Lisa Berton.
The "adverse action" provisions under the new industrial relations legislation will compel employers to be more cautious when making decisions that affect employees, according to workplace lawyer Alex Manos.
Managing caregiving employees has never been so challenging, and policies that were considered "progressive" not long ago are now just "expected". Learn what now ranks as best practice and where your organisation can step up at this HR Daily webinar.