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News Alerts
New ‘golden parachute’ legislation - Time for managers to do some Christmas homework
14 December 2009 – With Christmas fast approaching and many managers changing roles or remuneration, businesses would be wise to carefully consider the impact of the new Federal legislation to curb managerial termination payments which will be more far-reaching than executives and managers anticipate, according to Harmers Workplace Lawyers.
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Employee litigation rises as employers seek to vigilantly protect their assets
1 December 2009 – Employment lawyers across Australia have seen a sharp rise in litigation over the past six months as companies demonstrate an increased determination to aggressively challenge claims from outgoing employees. According to Harmers Workplace Lawyers, this trend is likely to continue, with a predicted increase specifically in restraint of trade litigation.
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High performance culture must be matched with high quality employment practices
27 October 2009 – Businesses pursuing a ‘high performance culture’ should make sure employment processes are well-managed and that employee expectations are communicated at a company-wide level to avoid any perception by employees of personal intimidation or discrimination, according to Harmers Workplace Lawyers.
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New disability legislation to contribute to already increasing discrimination claims relating to stress
Employers face added obligations to assist employees return to work from medical stress leave
12 August 2009 – Stress-related claims by employees have increased over the last decade and may become a greater potential liability for employers as a result of new disability legislation which confirms that the burden of proof is on employers to show they have taken all necessary and reasonable steps to adjust their workplaces to enable employees suffering from any form of disability to safely work, according to Harmers Workplace Lawyers.
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Fair Work Act ‘good faith bargaining’ provisions should prompt company executives to assess their ‘industrial risk profile’
23 July 2009 – Joydeep Hor, Managing Partner at Harmers Workplace Lawyers, said the new Fair Work Act’s ‘good faith bargaining’ provisions would be one of the main pressure points for businesses. In his keynote address delivered to 180 CEO Institute members recently, Mr Hor said, “While much has been said by the Government about the Fair Work Act retaining ‘clear, tough rules regarding industrial action’, any industrial relations practitioner can tell you that the likelihood of industrial action taking place or not taking place at a workplace is not about the ‘rules’, but rather about emotion and momentum.
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"A New Era in IR" - A Keynote Address by Joydeep Hor
The CEO Institute Briefing, Wednesday 8 July 2009
The Ballroom, Shangri La Hotel Sydney
Please click here to read Keynote Address
Social media sites present legal implications for employers and recruiters conducting candidate checks
Employers must realise legal obligations when gathering candidate information from sites like facebook, MySpace and twitter
20 July 2009 – As Australians continue to embrace social media in droves and upload more and more personal information on sites like Twitter, Facebook and MySpace, employers, managers and recruiters should consider the legal implications of gathering this personal information during the recruitment process, according to Harmers Workplace Lawyers.
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Failure to ‘tell all’ presents legal minefield for employers
17 June 2009 – Businesses currently recruiting despite the economic downturn must be particularly careful to avoid exposing themselves to employee claims of misrepresentation by omission. Companies that withhold important information regarding the future plans and direction of the company from prospective employees, in particular any potential restructuring that may occur in the future, or the difficult financial circumstances of the company, may give rise to legal action by misled employees, according to Harmers Workplace Lawyers.
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Current global health crisis should prompt employers to consider legal rights and obligations relating to employee health
4 May 2009 –The increased focus on health risks due to the recent global outbreak of Swine Flu has heightened the need for employers to better manage their workplace health practices, paying particular attention to their legal rights and obligations to care for their employees, according to Harmers Workplace Lawyers.
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Performance management audit vital as mismanaged corporate restructures gives rise to increased legal risk
Global financial crisis and approaching workplace legislation makes now an important time to revise performance management procedures
Melbourne, 30 April 2009 – In the current economic climate, businesses should conduct an audit of their performance management practices, particularly given continuing high numbers of unfair dismissal claims which suggest many employers are still getting it wrong when restructuring and managing their workplaces, according to Harmers Workplace Lawyers. The approaching workplace legislation provides another incentive for a timely review of processes.
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Alternative working arrangements will help reduce redundancies, but are employers seeking proper consent?
Business leaders cautioned against implementing changed working conditions without necessary consultation
23, April 2009 – With an increasing number of businesses considering the option of implementing varied working arrangements for employees in the current economic downturn, as an alternative to cutting staff, they must consider the importance of seeking consent from staff in order to avoid breach of contract claims according to Harmers Workplace Lawyers.
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Ignorance of new industrial relations legislation will prove costly for employers
Award modernisation presents pitfalls for businesses caught unawares
1 April 2009 – The impending changes to the industrial relations legislation may catch unprepared employers by surprise. Some of these changes will become law on 1 July this year. Significantly, new Modern Awards covering a large proportion of the Australian workforce will commence operation on 1 January 2010.
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False bullying claims on the rise as employees try to protect themselves amid job insecurity
Current downturn contributes to highest ever levels of bullying claims as employees’ survival choices turn to false claims
17 March 2009 – The current climate of job uncertainty has contributed to a trend that may come as a surprise to employers – an increase in the number of bullying claims and in particular false claims, as employees try to protect themselves from redundancies through contrived or exaggerated workplace allegations, according to Harmers Workplace Lawyers.
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Redundancy fears and business stress contribute to an increase in mental illness in the workplace
Failure to take necessary steps expose businesses to potential litigation
5 March 2009 – The gloomy economic climate has created a heightened sense of anxiety among many employees as they worry about the possibility of losing their job. According to Greg Robertson, General Counsel for Harmers Workplace Lawyers, employers are now facing the prospect of increased cases claiming psychological damage and mental illnesses such as depression in their workforces, which in turn poses potential legal challenges for businesses.
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Workplace drug and alcohol testing to come under greater scrutiny as avenues for unfair dismissal increase
24 February 2009 – With employers increasingly seeking to implement drug and alcohol testing in the workplace and the impending rollout of the Federal Government’s revised industrial relations legislation, employers need to carefully review their policies and practices in relation to conducting these tests or face the risk of decisions being challenged possibly through litigation.
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Australian businesses taking risks with unlawful workplace surveillance practices
Sydney, 28 January 2009 – With the increased focus on privacy in the workplace arising from the Australian Law Reform Commission’s review of privacy laws released last year and the current submissions to the Senate on the scope of Labor’s Fair Work bill, businesses are being told to sharpen up their workplace privacy and surveillance guidelines this year to avoid the risk of possible litigation.
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2010 Press Release (Current)
2008 Press Release Archive |
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