This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
Turning up to a conference still intoxicated from a work function the night before did not constitute gross misconduct by an executive, a court has ruled in awarding him nearly $300,000 in damages.
In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley.
Potential reputation damage from a stop-bullying application is so great that employers should always request confidentiality, even if the Commission is reluctant to grant it, says an employment law expert.
An employer has successfully fended off a $9 million damages claim, with a court finding its employment contracts allowed summary dismissal of a worker based on an "opinion" that he had engaged in misconduct.
Figuring out how to handle employees who haven't accrued enough leave is one of the biggest challenges facing employers with compulsory Christmas business closures, warns a lawyer.
Rulings handed down to date provide valuable lessons that can help employers minimise the risk of facing an adverse action claim, and build a defence that will stand up in the Fair Work Commission. Watch this webcast to learn how to apply them.
A diversity program run by men, for men, has helped one Australian employer shift the mindset that flexible work arrangements are only for female employees.
Employers that fail to act on swearing in the workplace could be putting their people and reputations at risk, but how is HR supposed to decide what words should and shouldn't be tolerated?
There is no 'right' way to respond to swearing issues at work - every workplace will require a different approach. Watch this webcast to determine what's appropriate for your organisation.
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.
