Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says Sparke Helmore special counsel, Adam Saunders.
Romantic relationships in the workplace can create a legal "minefield", but policies that are too prescriptive can offend employees, send the wrong message and weaken a company's competitive edge, says HR commentator Kate Southam.
Employers that support lesbian, gay, bisexual, transgender and intersex (LGBTI) workers enjoy greater employee commitment, says former High Court Justice Michael Kirby.
According to its explanatory memorandum, the Fair Work Act's good faith bargaining requirements are "generally self-explanatory" but RMIT law professor Breen Creighton says this statement is "extraordinary" and calls for greater guidance for employers.
Employers should resist giving departing workers references - regardless of their achievements - in favour of a simple "statement of service", says Hicksons workplace relations practice manager Brad Swebeck.
Employers should consider excluding preferred hours clauses from enterprise agreements until Fair Work Australia clarifies whether they can pass the "better off overall" test, lawyers warn.
Now that the Fair Work Act's redeployment requirements have taken effect, even seemingly "unpalatable" redeployment options should be offered to employees, says Kemp Strang employment lawyer Lisa Berton.
Employers should take advantage of probation periods to actively manage and assess the performance of new employees, says Freehills workplace relations lawyer Shivchand Jhinku.
More than 50 per cent of SMEs have a poor understanding of the National Employment Standards, which came into effect on 1 January 2010, a survey of 350 employers has found.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
