The Federal Government's paid parental leave scheme is due to take effect on 1 January next year, but smart employers are preparing now in order to capitalise on its benefits, says special counsel for Freehills, Elizabeth Ferrier.
It is the way managers deal with employee complaints - rather than the subject of the complaints - that can trigger workers to launch legal claims, according to Hicksons workplace relations practice manager, Brad Swebeck.
Employers should be aware of the potential for "back door" discrimination and other claims under the Fair Work Act's adverse action provisions, say employment lawyers Lisa Berton and Nick Noonan.
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.
Employers faced with the prolonged absence of a sick employee - and a "spider's web" of associated legal obligations - are often scared into making hasty decisions, or paralysed by indecision, says workplace lawyer Brad Petley.
Employers should maintain direct communication with employees during bargaining campaigns and be on the lookout for any "disconnect" between union and employee views, says Freehills partner and collective bargaining expert Chris Gardner.
A recent Fair Work Australia order - requiring a contractor to reinstate a worker at a principal's site - demonstrates the significant operational issues employers could face if ordered to return a dismissed worker to their former role, says Harmers Workplace Lawyers partner Lesley Maclou.
An "engaged" employee can still be "a real flight risk", says SHL director Stephanie Christopher - especially in a situation where a leader, "who they may have personal respect for and loyalty towards", leaves the company.
Almost nine in ten employers in Australia and New Zealand have established flexible work practices, but many admit their employees are unaware of the benefits - and less than half are using them to attract new candidates, a Rubicor survey has found.
A recent court finding that an "informal" discussion constituted disciplinary action is a "classic" example of how failing to communicate the purpose - and possible consequences - of management action can put employers at risk, says Thomson Playford Cutlers partner Jacquie Seemann.
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From August, employees will have a legislated right to disconnect from work. Understand what this means for your organisation by watching this HR Daily Premium webcast.
