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.
What does a best-practice process for managing difficult employees look like? Watch this webcast to understand your rights and responsibilities when managing performance and conduct issues.
The Federal Court has warned employers against using redundancy "as a pretext for getting rid of an undesired employee" after a university failed to examine a head of school's true motives for proposing an academic's retrenchment.
HR professionals should encourage managers to take all employee complaints seriously, because ignoring a "difficult" worker can lead to expensive legal claims and damaging workplace issues, says employment lawyer Shana Schreier-Joffe.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
