In an important ruling for employers, a tribunal has cleared an organisation of vicarious liability for sexual harassment, finding that it took "all reasonable steps" to prevent the behaviour from occurring.
The needs of mature-age employees are similar to those of many new parents or pregnant women in the workplace, according to a consultant for National Australia Bank, who recommends focussing on flexibility and recognition to accommodate older workers.
Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.
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.
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.
