It is nearly impossible for employers to completely understand how the Fair Work Act's adverse action provisions might affect them, but they should "sit up and pay attention" to developing case law, says Hicksons partner Brad Swebeck.
An employee's failed unfair dismissal claim - lodged after he was sacked over a Facebook rant - reinforces that the concept of the "workplace" is not limited to its physical environment, says employment lawyer Lisa Berton.
Many employers continue to put three-month probation clauses in new employees' contracts, despite the Fair Work Act rendering that timeframe meaningless with regard to dismissals, says employment lawyer Emma Goodwin.
Do you have to offer employees a support person at disciplinary meetings? What is the support person's role? Can you refuse to allow a requested support person to attend meetings? Lander & Rogers senior associate Amanda Harvey answers these questions and more.
Employers are often reluctant to ask how a job applicant with a disability might perform a role, but they should be giving each one "a real opportunity to demonstrate capacity", according to federal Disability Discrimination Commissioner, Graeme Innes.
Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton.
Bullied managers tend to "keep up appearances" rather than ask for help, so employers rarely identify when it is happening, says workplace investigator Harriet Stacey.
Understanding how to interpret signs of deceit in employees - or prospective employees - can be valuable knowledge for HR professionals, says researcher and criminologist Dr David Craig.
Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey.
Many workplace policies make it hard for employers to investigate anonymous complaints, and should be redrafted, according to workplace investigator Lisa Klug.
