The High Court's ruling that Australian contracts do not impose a duty of trust and confidence is a welcome one for employers, but not a green light to ignore their own policies and procedures, an employment law specialist says.
Employees are suffering greater job uncertainty and anxiety in an already difficult period due to lack of reassurance from employers, new research has shown, and HR professionals need to find ways to engage them with management in planning for their futures.
The predictable effects of major budget and staff cuts include lost trust and disengagement, but with the right communications approach it is possible to minimise the damage, says communication specialist Jonathan Champ.
Just as it's becoming more common for senior executives to rotate through the HR department as part of their development, HR professionals should do a stint in other areas to gain experience and boost their credibility in the organisation, according to global HR authority Wayne Cascio.
When can employers reject an application for voluntary redundancy? Can employers include 'organisational fit' in their redundancy selection criteria? And how can employers prove workplace conflict issues didn't influence their redundancy decisions?
A lot of recent litigation following redundancies has hinged on whether redeployment was a viable option, and HR professionals must consider a growing number of factors in deciding whether or not redeployment is a "reasonable" substitute, according to employment lawyer Murray Procter.
Whether making one role redundant or hundreds, HR professionals have a crucial part to play in ensuring organisations meet their extensive legal obligations and avoid claims from current and ex-employees.
Watch this webcast to:
ensure redundancies are 'genuine' under the Fair Work Act;
understand employees' entitlements if positions are made redundant;
develop sound redundancy criteria that minimise legal risks;
fulfil consultation and redeployment obligations;
manage a safe internal 'paper trail' about decision-making;
handle interactions with unions; and
add real value to the C-suite by informing decision-makers about their obligations.
HR professionals who 'educate up' to senior executive level about commonly confused redundancy obligations can help organisations avoid costly payouts and media fallout, according to employment lawyer Murray Procter.
A well planned and executed downsizing can result in change that is soon forgotten, but if things are managed badly, "people will talk about it for years", says Right Management's Bridget Beattie.
The end of any contracting arrangement heralds a heightened risk of employee entitlement claims, but those involving unpaid superannuation are particularly hard to defend and costly to address, according to PwC partner Rohan Geddes.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.