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HR Perspective (Australia) | 2020 in Review: The Year That Was, Wasn't, and Felt Like It Was Never Ending
Credit(s):
1.2 50-Minute Credit Hour (General)
1 60-Minute Credit Hour (General)
1 Australia (Practice Management and Business Skills)
1 CA (General Participatory)
1 IL (General)
1 NY (Transitional)
1 PA (Substantive-Distance Learning)
1 TX (General)
1 UK (General)
This program covers the following topics in Australian labor and employment law:
Whistleblowing
Covers the changes to the legislation that govern whistleblowing in Australia
Covering the changes seen in practice since new laws were enacted including confidentiality and anonymity, protection from detriment, and other protections
Industrial manslaughter
Cutting through the media hype and outlining the facts around industrial manslaughter
Providing an overview of the jurisdictional industrial manslaughter laws
Victoria being the latest state to bring their laws online, there was an overview of the underlying duties, in greater detail
Tests for industrial manslaughter vary between Australian states, so the basic and consistent criteria is analysed
Wage theft
New "wage theft law" have been introduced in Victoria and Queensland
Media have been reflecting the large number of employers self reporting underpayments
With an active regulator, there have been increased FWO funding and a new Compliance and Enforcement Policy
While the utility as a legislative vehicle is still being explored, underpayments is an important area of focus for Australian employers
Dishonesty is the concept on which these new laws are built, and Victoria has added recklessness
With the FWO as the active regulator, it is important to be proactive, and a process for this is covered
Redundancies
The decisions in the Broadlex Services Ltd v United Workers Union [2020] FCA 867 and Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 cases are discussed, because of their surprising decisions
Delivery lessons where a reduction in hours may amount to repudiation of the contract and the risks of relying on the continuity of contracts to maintain their workforce
Sexual harassment
Issues where covered relating to the:
Respect @ Work Report 2020
High Court of Australia and the serious findings
COVID-19 and the working from home environment and its impact on sexual harassment
How #metoo has continued to see the media cover high profile workplace sexual harassment cases
How you can create a culture of change
Remote working
Given that no one expected to be working from home for such a prolonged period a number of issues are appearing
Safety is a focus, with WHS laws continuing to apply when an employee is working from home
Workplace entitlements, including NES and award conditions and how they continue to apply
Flexibility versus productivity
2021 what's in store
Considering casual employment, modern awards, enterprise bargaining, work/life balance, workforce restructuring and returning to the office
1.2 50-Minute Credit Hour (General)
1 60-Minute Credit Hour (General)
1 Australia (Practice Management and Business Skills)