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.
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.
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.
