Traumatic experiences such as workplace bullying not only affect the employees who are directly involved, but also those who support them, and "vicarious trauma" can have a serious impact on a worker's health and productivity, according to employment lawyer Josh Bornstein.
As the Fair Work Commission's anti-bullying regime starts to take shape, an industrial barrister has compiled a list of 13 issues employers should consider when preparing to defend a claim.
Confusion about how long an organisation should retain a sick or injured employee who's unable to work could be stopping many employers from lawfully terminating absent staff, according to lawyers from Hicksons' workplace relations group.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Court rulings show how important it is to draft contracts clearly, and to include simple clauses that can protect organisations from expensive litigation, but many employers still haven't learned the lessons, says Hynes Legal associate director, Kristin Duff.
Employers are only beginning to realise the potential impact of LinkedIn on their ability to retain business contacts, enforce post-employment restraints, and avoid costly claims, according to DLA Piper Australia senior associate Elizabeth Ticehurst.
The end of any contracting arrangement heralds a heightened risk of employee entitlement claims, but those involving unpaid superannuation are particularly hard to defend and costly to address, according to PwC partner Rohan Geddes.
HR professionals who encounter suspicious medical certificates are entitled to question them, but "you should be very sure of your facts before putting allegations to employees", according to Workplace Law managing director Athena Koelmeyer.
What are your options when an employee is sick after exhausting all leave entitlements? Have you ever been given a medical certificate that seems less than legit? Watch this webcast to understand how to manage personal leave in a legally sound way.
Nothing unsettles staff quite like the word "redundancy", but according to lawyer Natalie Spark, avoiding it and skirting around the issue can do more harm than good.
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.
