An employer breached the National Employment Standards and a worker's contract when it failed to return him to full-time work after parental leave, but it did not take adverse action against him, a court has ruled.
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An employer has been ordered to pay a former senior executive more than $2.9 million after a court found his employment contract incorporated the company's unpublished redundancy policy.
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The Federal Court has clarified a grey area of the Fair Work Act, ruling on the rate at which employees should be paid out their annual leave entitlements upon termination.
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.