Category: Legal

The definition of a lawful and reasonable direction is at the heart of many employment disputes. From return-to-office mandates to drug and alcohol testing, here are four areas where workplace directions can come under scrutiny, and how to ensure your approach holds up.
An employee was recently awarded over $36,000 by the Fair Work Commission due to flaws in her employer’s workplace investigation process. What can HR learn from this decision?
Several recent cases heard by the Fair Work Commission (FWC) suggest verbal agreements in the workplace can carry more legal weight than some employers realise.
In a climate where diversity, equity and inclusion initiatives are under scrutiny, how can HR help ensure their organisation’s gender equality targets stay on track?
Social media may be considered part of the workplace for politicians, finds NSW Civil and Administrative Tribunal (NCAT). Where can HR draw the line in terms of their legal obligations around an employee’s online activity?
Both the National Employment Standards and the Closing Loopholes laws are currently under scrutiny, prompting renewed debate about the future of casual employment. Here’s what HR needs to know.
A recent ruling highlights the legal distinction between poor performance and time theft. An employment lawyer unpacks the decision and how to deal with suspected dishonesty around hours worked.
Ensuring employees complete a tick-box training module might not protect employers from vicarious liability, as this employer discovered.
A recent ruling offers a timely reminder that external advisors can be held individually liable, as well as employers. An employment lawyer unpacks the ruling and shares how individuals can reduce their risk of liability.
A number of recent cases heard by the Fair Work Commission show that serious misconduct is often far from clear-cut. Understanding where the legal threshold sits can help HR avoid legal exposure.
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HOW TO

A HR practitioner offers a range of thought-provoking questions to help you plan your next career move.
Keep these tips in mind to ensure your organisation’s probation periods go beyond being a tick-box exercise and become a driver of strong culture and high performance.
From building your case in advance to avoiding the trap of false politeness, use these strategies to help you engage in constructive dissent at the executive level.

LEGAL

A case currently before the Federal Circuit Court highlights the dangers of cutthroat, “win at all costs” work cultures. But where do courts draw the line between a competitive culture and a psychosocially unsafe work environment?
Ahead of a report into the latest Closing Loopholes legislation, we ask an expert lawyer to explain the casual conversion rules in their current form.
NSW has significantly raised the legal stakes for workplace health and safety compliance, including the management of psychosocial risks. Here’s what the changes mean in practice, and their implications for employers across Australia.
The new financial year will bring changes to pay, superannuation, parental leave, psychosocial risk management and more. Here’s what these changes will mean in practice for HR.