Two employees who were sacked after they punched a supervisor in the head were unfairly dismissed, the Fair Work Commission has found, in a case that illustrates the dangers of "unsophisticated" HR management.
Every HR professional should understand the key terms in employment contracts, when to review and vary them, and how contracts interact with legislation, industrial instruments and workplace policies. Watch this webcast to ensure you're across these areas.
Confusion about how long an organisation should retain a sick or injured employee who's unable to work could be stopping many employers from lawfully terminating absent staff, according to lawyers from Hicksons' workplace relations group.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Court rulings show how important it is to draft contracts clearly, and to include simple clauses that can protect organisations from expensive litigation, but many employers still haven't learned the lessons, says Hynes Legal associate director, Kristin Duff.
Employers are only beginning to realise the potential impact of LinkedIn on their ability to retain business contacts, enforce post-employment restraints, and avoid costly claims, according to DLA Piper Australia senior associate Elizabeth Ticehurst.
Nothing unsettles staff quite like the word "redundancy", but according to lawyer Natalie Spark, avoiding it and skirting around the issue can do more harm than good.
Employers shouldn't assume that every employee who claims to have been hurt, embarrassed, or humiliated has been bullied, the Fair Work Commission has warned, after finding a worker was unfairly sacked over allegations made by a "sensitive" colleague.
Drug and alcohol testing policies that follow industry and Australian standards are more likely to be considered reasonable - and therefore enforceable - than those that depart from standard practice, according to employment lawyer Erin Rice.
There is no single performance management process endorsed by courts and tribunals, but their rulings demonstrate some "clear fundamentals" that employers should follow to avoid disputes and claims, according to employment lawyer Shana Schreier-Joffe.
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.
