The Fair Work Commission has slammed an employer's investigation and dismissal of an employee for leaking "confidential HR information", describing the process as a "very regrettable display of incompetence".
Employers using any form of workplace surveillance must be mindful of the intersection between employment law, HR policy development, and workplace privacy and surveillance laws.
Bullying investigations often uncover new allegations in the course of interviewing respondents, so employers must ensure they take steps to avoid "scope creep", an experienced investigator warns.
Employers with training and policies on domestic violence must go a step further and address the workplace practices that perpetuate gender inequality, or remain part of the problem, warns an expert.
Employment contracts should include two specific clauses to help employers avoid the risks associated with managing ill and injured workers, according to an employment lawyer.
An unfair dismissal decision highlights that in some circumstances it will be fair for an employer to sack a worker for serious out-of-hours misconduct that has no connection to work, an employment lawyer says.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
