An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
A court has awarded a dismissed employee more than $1 million, finding her initial termination payment of just over $50k substantially underestimated her notice-period and long service leave entitlements.
A worker's repeated refusals to follow dispute resolution procedures when complaining about bullying amounted to "rank insubordination", and warranted his dismissal, the Fair Work Commission has ruled.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
How should the performance management process differ from managing misconduct? What are the top steps employers can take to minimise the risk of underperformance-related litigation? And how should employers "soften the blow" of dismissal? Here, an employment lawyer answers these questions and more.
Even when you are clearly justified in terminating an employee for poor performance, failing to do so properly can have major ramifications. Watch this webcast to minimise your legal risks when managing under-performance.
The Federal Court has allowed a disgruntled ex-employee to seek access to a report in an adverse action case, casting doubt on the rights employers have to keep documentation private under legal professional privilege.
Employers must tread a fine line when personal problems affect a worker's performance - especially as some "personal" issues will trigger concrete obligations, says Minter Ellison senior associate Jordan Tilse.
At its best, a good exit process can make a valuable contribution to an employer's brand. But at its worst, it can waste time and resources, and even anger disgruntled employees.
Without procedural fairness, even the most seemingly justified disciplinary decisions can be challenged and overturned. Don't risk this happening after your next workplace investigation.
This webcast covers:
The three principles of procedural fairness;
The "evidence rule";
Practical case law lessons from past investigations; and more.
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.
