Australia: Harmers Autumn 2015 Work InSights Publication

Three very practical issues are discussed in this edition. The complexity of the law surrounding what can be paid to very senior staff when they leave the employ of a corporation has been the source of much confusion, and is starting to be the source of litigation over what can and cannot be paid. Our first article examines a recent case on this area, providing an outline of the various rules that apply. Practical options that corporations can implement are outlined.

Many HR managers are unaware that they can face personal liability for their actions under the Fair Work Act, which provides that any person “involved in” a contravention of certain provisions will also be in contravention of the Act. Our second article looks at areas of risk and suggests some potential steps that HR managers can take.

Finally, our third article looks at one of the repercussions of the High Court decision in the 2014 decision in the Barker case, suggesting that employers would do well to ensure they follow procedural fairness guidelines for all employees being dismissed for cause, given the High Court left unresolved the issue of whether there was an implied term of “good faith” when rejecting the implied term of “trust and confidence”.

Read the full article at L&E Global Knowledge Center.