Simple clauses added to existing workplace contracts and policies, rather than dedicated documents, will help employers manage risks posed by workers' out-of-hours conduct, says Hynes Legal associate director Kristin Duff.
An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.
The media frenzy surrounding a fashion retailer's controversial code of conduct is just one of the risks employers face when they have obscure or onerous workplace policies, warns a lawyer.
A company that funded an employee's work trip was entitled to dismiss him over misbehaviour that occurred while he was away, the Fair Work Commission has ruled.
Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer.
Do you know which policies, procedures and contracts need reviewing, in light of recent legislative and case law developments? Watch this webcast to understand how the employment law landscape has changed in relation to bullying, adverse action, employment contracts, investigations and more.
An employer that failed to comply with its own harassment policy must pay damages to an employee, but according to an employment law specialist, the liability should have been a simple one to avoid.
This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
A boss who engaged in "intolerable, disgraceful and dishonourable" conduct when he s-xually harassed a female trainee has had his penalty reduced, after an appeal court agreed it was "manifestly excessive".
Employers that initially fail to deal with social media misuse in the workplace could be waiving their right to address that misconduct at a later date, warns an employment lawyer.
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.