Employers forced to make redundancies after the Fair Work Act comes into force in July must prove they have proactively pursued all redeployment alternatives before letting workers go - and an internal job board won't cut the mustard, says a workplace relations lawyer. » more »
Employers must ensure they understand the modern award system before it comes into effect in just nine months, according to workplace lawyer Shana Schreier-Joffe, who warns that the new Fair Work Australia regulator is likely to be vigilant in pursuing employers for non-compliance. » more »
Employers should get ready to deal with trade union requests to disclose company information - and determine what they can keep confidential - before the first part of the Fair Work Act 2009 takes effect mid-year, says University of Adelaide Professor of Law, Andrew Stewart. » more »
Employers must be more vigilant than ever in developing and reinforcing anti-bullying policies in light of a significant spike in workplace bullying and harassment claims - many of them false, says Harmers Workplace Lawyers managing partner, Joydeep Hor. » more »
Employers can minimise the development and aggravation of workplace mental illness and dramatically reduce their exposure to litigation by putting in place an employee assistance program and developing a clear anti-bullying policy, according to workplace lawyer Greg Robertson. » more »
Employers looking to implement workplace drug and alcohol testing must ensure that the process is completely transparent to avoid possible litigation - especially when it comes to sacking workers who test positive to prohibited substances, says Harmers Workplace Lawyers partner, Jamie Robinson. » more »
"Gardening leave" clauses in employment contracts can be an effective means to keep company secrets out of competitors' hands and prevent departing employees from disrupting the workplace, providing they are not enforced for an "unreasonable" length of time, according to a senior employment lawyer. » more »
The proposed national IR laws broaden employers' exposure to discrimination claims and might lead to bigger payouts in some jurisdictions, a senior workplace lawyer says. » more »
Concealing a company's shaky financial position from employees during the economic downturn could be grounds for an unfair dismissal case should redundancies ensue, according to a workplace lawyer. » more »
Employees with children will for the first time have a legislated right to request flexibility in their work arrangements, while employers will have a countervailing right to refuse requests on "reasonable business grounds", if the federal government's new industrial relations bill becomes law. » more »
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