• Be careful how you restrain former employees
  Tuesday, 5th August 2008
  The courts are taking a dim view of long post-employment restraint agreements, so employers need to look at their options. More...
  
  
• Employee theft: Bosses still have a duty
  Tuesday, 15 July 2008
  Theft – no matter how small – is grounds for dismissal, but employers must investigate allegations of theft and give employees a chance to respond in full. More...
  
  
• Maternity leave breaches can get you in hot water
  Tuesday, 3 June 2008
  Employer obligations on parental entitlements are clear – and the courts are not reluctant to flex disciplinary muscle.  More...
  
  
• Sick again? You're sacked!
  Tuesday, 13 May 2008
  Being away from work for very long periods may seem a plain scenario for termination, but the law is not so straightforward. More...
  
  
• What the new employee safety net will mean for business
  Tuesday, 15 April 2008
  The impending employee award modernisation process will set a safety net that business owners will need to accommodate, as well as the costs. More...
  
  
• The key IR cards Labor has laid on the table
  Tuesday, 19 February 2008
  The Rudd Government started to lay its IR cards on the table when Workplace Relations Minister, Julia Gillard, introduced the Workplace Relations Amendment (Transition to Forward with Fairness) Bill to Parliament last week.  More...
  
  
• Boss: Make room for working mums and dads
  Tuesday, 12 February 2008
  A recent anti-discrimination case offers employers guidance in working out the extent to which they are required to accommodate employees' family responsibilities.  More...
  
  
• IR: A national system has a long way to go
  Tuesday, 29 January 2008
  Co-operation on a national IR regime is not going to be won any time soon – let alone implemented.   More...
  
  
• Rudd IR: How will the legislation look?
  Tuesday, 22 January 2008
  Industrial relations and workplace arrangements were always in the spotlight for Labor. The new Government is about to put theory into practice.   More...
  
  
• Nine questions you can NEVER ask in a job interview
  Tuesday, 8 January 2008
  Small and medium sized employers need to become more aware of how interviewing a candidate for employment could land them in hot water.   More...
  
  
• Workplace law and the Christmas quiet
  Tuesday, 18 December 2007
  For many businesses, the Christmas and new year period can be the quietest time of the year. Managing staffing needs (or lack of them) has some legislative limits.  More...
  
  
• Xmas party perils
  Tuesday, 11 December 2007
  The holiday season is generally one for celebration, rest and enjoyment. And all employers know that what happens at the work Christmas party, stays at the work Christmas party, right?  More...
  
  
• How will the fair dismissal code work?
  Tuesday, 27 November 2007
  As happens after a change of government, the navel gazing about exactly what the new lot will do has begun. More...
  
  
• What will the workplace be like on Monday?
  Tuesday, 20 November 2007
  When will workplace relations change if Kevin Rudd is prime minister next week?  One thing that can be pretty much guaranteed is that, regardless of the result, the pace of change will be markedly slower than in the last 18 months. More...
  
  
• Court slugs employer for denying protesters leave
  Tuesday, 6 November 2007
  If you want to change employees working hours or days, watch out. Many employers wanting to change aspects of their operations, such as working hours, are tripped up by long-standing practices than may override any written agreement or award.  More...
   
• Change employee hours at your peril
  Tuesday, 1 November 2007
  In a warning to employers of all sizes, the Federal Court has fined the Federal Department of Workplace Relations $30,000 for a "serious contravention" of the Workplace Relations Act freedom of association provisions. More...
   
• AWAs: Bosses and unions warned on pressure tactics
  Tuesday, 16 October 2007
  Recent cases show that employers should be warned against putting any pressure on employees to sign workplace agreements. The consequences of a "sign or else" approach can include an invalid agreement and a large fine. More...
   
• Long-term injured need handling with care
  Tuesday, 9 October 2007
  With the raft of laws prohibiting discrimination and termination of employment on the basis of an employee's illness or injury, employers need to be aware of their obligations to keep open the opportunities for a return to work. More...
   
• Your lookout on visa workers
  Tuesday, 25 September 2007
  With ongoing controversy surrounding the use of foreign workers to meet shortages in the local labour market, employers need to be aware that there is increased scrutiny, and more responsibility to ensure that your employees have a right to work in Australia. More...
   
• Drugs and alcohol in the workplace
  Tuesday, 18 September 2007
  Employees on drugs can be a nightmare in the workplace, and it is not just the risk they pose to themselves and others. Drug use can result in absenteeism, reduced productivity and ultimately contribute to bad morale in the workplace if other staff are having to pick up the slack. More...
   
• Industrial action still a real risk
  Tuesday, 4 September 2007
  Industrial action may be less frequent than it used to be, but it can still generate plenty of punch in terms of litigation, lost time and lost profit. More...
   
• Watch for workplace bullies
  Tuesday, 28 August 2007
  Bullying can take many forms, from spreading rumours to physical violence. Employers should have procedures to deal with claims of grievances, and for disciplining employees found guilty of bullying. More...
   
• Responsibility doesn't end at the door step
  Tuesday, 7 August 2007
  A recent case has sent a clear message to employers: the connection with a workplace no longer ends when your employees walk out the door every night. More...
     
• Privacy: Your obligations, your rights
  Tuesday, 31 July 2007
  Doing background checks or monitoring emails might seem like a reasonable way for employers to monitor prospective or existing staff, but it is easy to cross an expensive line into invasion of privacy. More...
   
• Nine questions you can NEVER ask in a job interview
  Tuesday, 17 July 2007
  Small and medium sized employers need to become more aware of how   interviewing a candidate for employment could land them in hot water. More...
   
• The union's at the gate
  Tuesday, 10 July 2007
  Many small and medium-sized employers operate in an environment where few if   any employees are members of trade unions. More...
   
• Computers - a boxful of liability?
  Tuesday, 26 June 2007
  We all know that time is money for owners and managers of SMEs and tasks like implementing HR policies can swallow up a lot of time. But it's worth considering the downside of not having proper employment policies in place, and computers provide a perfect example of how it can all go wrong. More...
   
• Uncertainty surrounds fairness test
  Tuesday, 19 June 2007
  What has been revealed so far about the Federal Government's new Fairness Test leaves unanswered many questions about how the test will operate in practice. Amendments being made to the Fairness Test bill as it passes through the Parliament this week are also giving rise to more angst for SMEs. More...
   
• Fairness Test may spell end of AWAs
  Tuesday, 5 June 2007
  The Federal Government has now disclosed the details of the new "Fairness Test" to be applied to all AWAs and collective workplace agreements, and employers should be warned: AWAs may no longer be worth the trouble. More...
   
• Bullying can be financially painful
  Tuesday, 22 May 2007
  Last week a victim of a schoolyard bully in New South Wales was awarded almost $1 million in damages because the state education system failed in its duty to protect him from the bullying behaviour. The decision is a salient warning for employers. More...
   
• What's this week's IR Policy?
  Tuesday, 10 May 2007
  Recent policy changes by both the Federal Government and the Opposition to workplace policies and laws are driving small business to distraction. More...
   
• Recruiting's old chestnut 
  Tuesday, 1 May 2007
  A recent case against airline Virgin Blue highlights how companies need to be very careful to avoid age discrimination in recruiting staff – and in appointing staff who do the recruitment. More...
   
• Work references can be fraught with danger 
  Tuesday, 10 April 2007
  Sometimes you will find yourself in a difficult position when former employees ask for a reference, and it will not always be because there may have been a dispute leading up to parting company. More...
   
• Get your bookwork in order
  Tuesday, 3 April 2007
  It's just a little over twelve months since the Federal Government's WorkChoices legislation came into effect and it's still a hot topic for discussion.  Just last week, the new regulations about keeping employee records came into effect. More...
   
• Driving industrial action down
  Tuesday, 27 March 2007
  One year after it commenced on 27 March 2006, the WorkChoices legislation would certainly appear to have made its mark in reducing the amount of industrial action taken by unions. More...
   
• Can post-employment restraints protect your business?
  Tuesday, 20 March 2007
  Including a post employment restraint clause in an employee's contract is often not the magic bullet that will stop key employees defecting to the competition but, properly done, they can help. More... 
     
• Labor's IR policy revealed
  Tuesday, 13 March 2007
  The Federal Opposition has released its draft industrial relations policy for the upcoming federal election. The policy will be voted on at Labor's National Conference in late April.  More...
   
• Are contracts opening the way for unfair dismissal claims? 
  Tuesday, 6 March 2007 
   A recent decision of the New South Wales Supreme Court has again raised the question of whether employees, including senior executives, might have implied contractual rights to make "unfair dismissal" claims. More...
     
• Tread carefully on union deals
  27 February 2007
  Secondary boycott laws have come into focus as the federal election approaches. More...
   
• Feds get tough on contractors
  20 February 2007
  WorkChoices grabbed the spotlight before Christmas, but equally important changes to the law covering independent contractors went through the Parliament at the same time. More...
     
• Redundancy for 'Operational reasons' clarified 
  13 February 2007 
  How does an employer demonstrate genuine operational reasons for a dismissal? The full bench of the Australian Industrial Relations Commission (AIRC) has clarified this exclusion from the unfair dismissal jurisdiction of the Workplace Relations Act. More...
   
• WorkChoices: Stuck with employee records?
  6 February 2007
  The raft of significant changes that came with the Federal Government's WorkChoices legislation delivered some seemingly innocuous administrative requirements that have caused consternation for employers.  More...

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All articles originally published by Smartcompany.com.au, Australia's online magazine for entrepreneurs and SMEs