Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.
HR Daily Premium presentation, he covers the factors to consider in relation to:
the nature of your business;
the circumstances of the proposed dismissal;
policies, procedures and contractual issues;
disciplinary, misconduct and performance-related dismissals;
Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.
In this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:
How to detect, prevent and manage bullying, discrimination and harassment;
New psychological injury risks posed by misuse of social networks/media;
What to include in bullying and harassment policies;
Your rights and responsibilities when managing employees' out-of-hours behaviour;
Appropriate responses to employee complaints;
Lessons to be learned from successful claims brought against employers;
How to defend spurious claims;
How to avoid claims arising from performance management; and
HR managers' liability for psychological injury under the existing and new OHS national framework.
Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".
In this webcast, employment lawyer Natalie Spark outlines:
How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
Options for managing poor performance - and how to decide which to take;
Lessons learned from successful claims against employers; and
Case studies of performance management-related claims.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Watch this webcast to learn:
The major risks in taking action on long-term injured, sick or absent employees;
A step-by-step process for managing employees on unauthorised absence;
What to do when an injured worker is unable to return to work or perform pre-injury duties; and
Tips for defending unfair dismissal and other claims arising from absenteeism.
When an employee is under-performing, or their conduct is unsatisfactory, they can have a "rotten apple" effect on other workers, damaging productivity, engagement, and retention levels, says employment lawyer Brad Petley.
In this webcast he explains:
how difficult employee behaviour can manifest;
why employers must manage unsatisfactory conduct or performance;
employers' rights and obligations when managing difficult workers;
how to minimise your exposure to legal claims associated with difficult employees; and
The Fair Work Act has changed collective bargaining dynamics in fundamental ways, giving employers an opportunity to negotiate for their own benefit as much as for employees, says employment lawyer Chris Gardner.
Any report of unsatisfactory workplace conduct or performance needs to be investigated, says employment lawyer Brad Petley. This presentation outlines the steps to take to ensure your investigations meet the Fair Work Act's procedural fairness requirements.
Petley covers:
The role of the HR investigator;
Your legal obligations during investigations;
How to gather evidence and take statements from employees;
How to conduct effective interviews;
How to deal with evasive or untruthful witnesses;
When not to conduct interviews;
The impact of the Fair Work Act on investigation obligations;
How to manage employees post-investigation; & more.
During the "silly season" HR professionals must be extra vigilant about managing workplace behaviour and culture issues. Watch this webinar to learn a framework for minimising your organisation's risks.
People+Culture Strategies managing principal Joydeep Hor describes a compliance model for managing workplace behaviour risks, including sexual harassment and bullying.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
