Mastering Employment Dispute Management: A Guide for Employers - Blackbaylawyers
Employers must navigate the complex landscape of employment disputes to ensure a compliant workplace and mitigate legal risks. Understanding the types of disputes and implementing effective strategies for prevention and resolution is crucial for mastering employment dispute management. This guide addresses some of the common types of employment disputes that arise and factors that employers should keep in mind. A. Understanding the Types of Employment Disputes 1. Adverse Action Claims: Pursuant to Part 3-1 of the Fair Work Act 2009 (Cth) (the Fair Work Act), where an employer takes action against an employee for exercising a workplace right or engaging in protected industrial activities, the employee can allege unlawful adverse action, in breach of the ‘general protections’. Adverse action can include an employer dismissing an employee, injuring the employee in their employment, altering the position of an employee to the employee’s prejudice, excluding an emplo...