Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.
HR Daily Premium presentation, he covers the factors to consider in relation to:
the nature of your business;
the circumstances of the proposed dismissal;
policies, procedures and contractual issues;
disciplinary, misconduct and performance-related dismissals;
A checklist of minimum safety and technical requirements for home-based work is essential to ensure the arrangements are trouble-free, and that employees understand their obligations and responsibilities.
Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.
Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.
Employers can significantly reduce the risk of a psychological injury claim if they practise eight important steps, say Hicksons employment lawyers Brad Swebeck and Stewart Cameron.
Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.
In this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:
How to detect, prevent and manage bullying, discrimination and harassment;
New psychological injury risks posed by misuse of social networks/media;
What to include in bullying and harassment policies;
Your rights and responsibilities when managing employees' out-of-hours behaviour;
Appropriate responses to employee complaints;
Lessons to be learned from successful claims brought against employers;
How to defend spurious claims;
How to avoid claims arising from performance management; and
HR managers' liability for psychological injury under the existing and new OHS national framework.
When proposing any change in working conditions that could be negatively perceived, employers should ensure they "get their messaging right", or risk public outcry and unflattering media attention, says People & Culture Strategies managing principal, Joydeep Hor.
In an important ruling for employers, a tribunal has cleared an organisation of vicarious liability for sexual harassment, finding that it took "all reasonable steps" to prevent the behaviour from occurring.
The needs of mature-age employees are similar to those of many new parents or pregnant women in the workplace, according to a consultant for National Australia Bank, who recommends focussing on flexibility and recognition to accommodate older workers.
Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.
