An independent inquiry into an alleged bullying culture within WorkCover NSW has identified several "recurring issues" that all employers would do well to be mindful of.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
In the wake of two recent judgments, employers appear to have more onerous obligations when defending claims brought under the Fair Work Act's adverse action provisions, say employment lawyers.
A Victorian employee who was sacked without notice for breaching her employer's "backbiting policy" was unfairly dismissed, Fair Work Australia has ruled, describing the policy as "an extremely blunt instrument".
Workplace sexual-harassment policies could be subject to new scrutiny under upcoming equal opportunity legislation, according to lawyers from DLA Phillips Fox.
A senior employee whose performance was never assessed to determine whether she was eligible for a bonus has been awarded $74,000 in damages after a court confirmed her employment agreement was breached.
Understanding what is happening on the claimant's side will help employers make the right decisions when faced with a serious harassment complaint, says Harmers Workplace Lawyers chair, Michael Harmer.
Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley.
2010 was an interesting year for HR professionals - the economy was in recovery-mode, but this brought with it the challenge of how to quickly boost depleted teams and motivate disengaged staff to better performance. The remaining provisions of the Fair Work Act came into effect, adding a whole layer of uncertainty to HR's responsibilities, along with new legal risks.
Manipulative employees - who are charming one day and malicious the next - are the worst kind of bully, but few HR managers have the skills to identify or control them, says conflict-resolution expert and Casey Centre CEO Dr Mary Casey.
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.
