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.
The predictable effects of major budget and staff cuts include lost trust and disengagement, but with the right communications approach it is possible to minimise the damage, says communication specialist Jonathan Champ.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers are not expected to be "mind readers" about the workplace adjustments required by workers with disability, a tribunal has noted in dismissing a disability discrimination claim.
A worker accused of sleeping on the job has been awarded $15,500 after a court found her employer had not closely followed the three-strike disciplinary procedure of its enterprise agreement.
Employers are occasionally tempted to "get tricky" with the Fair Work Act's support person provisions, but a workplace lawyer warns that cutting corners in an attempt to expedite disciplinary matters can come back to bite them.
