All Topics

• How can HR create legal liability for your business?
  The human resources (HR) department is often responsible for making decisions and taking action on behalf of the business, e.g. performance management and dismissal.

• Liability under the FW Act
  Your business can be held liable if an HR professional breaches the FW Act.

• When will an HR manager be responsible for a serious contravention under the FW Act?
  An HR manager will be responsible for a serious contravention is one in which the HR manager authorises the conduct through a policy, rule or a course of conduct or practice, and the conduct constituting the contravention is part of...

• Unfair dismissal laws
  The way HR manages performance, redundancy or misconduct issues that result in dismissal can have legal implications for your business under FW Act unfair dismissal laws.

• General protection provisions
  You cannot dismiss an employee for a protected activity or attribute under the general protections provisions of the FW Act, e.g. for exercising a workplace right or making a complaint about their employment.

• Workplace bullying provisions
  The FW Act allows employees to apply for an order to stop workplace bullying.

• Personal liability under the FW Act
  If an employer contravenes the FW Act, an HR professional may become personally liable for the contravention in certain situations.

• Liability under health and safety legislation
  HR professionals involved in decision-making and actions taken in relation to the performance of safe work and creating a safe working environment may attract liability under health and safety legislation for non-compliance.

• Liability under anti-discrimination legislation
  You can be held liable for actions of an HR professional who breaches anti-discrimination legislation.

• Liability under consumer law
  The Australian Consumer Law (ACL) prohibits misleading and deceptive conduct in recruitment.

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