A recent workers' compensation decision involving an employer's bungled inquiry into a workplace conflict of interest should ring alarm bells for employers, and highlights some important do's and don'ts for investigating personal or sensitive matters.
Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley.
Dealing with the facts of workplace complaints, rather than the "labels" given to behaviour, helps to resolve potential bullying issues quickly, says senior HR practitioner and employment lawyer, Nicole Gower.
Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".
Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".
In this webcast, employment lawyer Natalie Spark outlines:
How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
Options for managing poor performance - and how to decide which to take;
Lessons learned from successful claims against employers; and
Case studies of performance management-related claims.
A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.
Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.
