It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.
In a case that contains some important lessons for employers, the dismissal of an under-performing worker accused of misconduct has been upheld by Fair Work Australia, despite claims his performance had started to improve and his misconduct was "an honest mistake".
Managers should be discouraged from seeking details about individual workers' disabilities and instead be focused solely on the reasonable adjustments needed to accommodate them, say HR leaders.
One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.
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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
