Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey.
In the two years since the Fair Work Act's adverse action provisions commenced there have only been a handful of court decisions, but employers shouldn't assume they are unlikely to face a claim, says employment lawyer Natalie Spark.
In a ruling that addresses some important issues on procedural fairness, Fair Work Australia has upheld a worker's dismissal for inappropriate conduct despite her employer's failure to provide her with all the information on which its decision was based.
Too many employers put their "heads in the sand" when in doubt about the clarity of their contracting arrangements, but it's far better to "crystallise their liability", says employment lawyer Brad Swebeck.
Recent court rulings involving employees' social media "indiscretions" provide some guidance, but not certainty, for employers and workers, says employment lawyer Lisa Berton.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley.
A Sydney worker who defied an instruction from his supervisor has failed to convince Fair Work Australia his conduct did not warrant dismissal because of his supervisor's rude, bullying tone.
How do you manage employees who have been injured outside of work? What happens when an employee refuses an independent medical assessment? When is it safe to terminate an ill or injured employee? Lawyer Luke Connolly answers these questions and more on this important topic.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs against employees' rights, says employment lawyer Luke Connolly.
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.
