Organisations should put more focus on people skills when appointing line managers, and provide training to prevent bullying grievances boiling over into court, according to Fair Work Commission senior deputy president Jonathan Hamberger.
A worker's repeated refusals to follow dispute resolution procedures when complaining about bullying amounted to "rank insubordination", and warranted his dismissal, the Fair Work Commission has ruled.
Using lawyers to conduct workplace investigations enables employers to protect information under legal privilege, but only if the process is handled correctly, according to Kemp Strang senior associate Ben Urry.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
How should the performance management process differ from managing misconduct? What are the top steps employers can take to minimise the risk of underperformance-related litigation? And how should employers "soften the blow" of dismissal? Here, an employment lawyer answers these questions and more.
Even when you are clearly justified in terminating an employee for poor performance, failing to do so properly can have major ramifications. Watch this webcast to minimise your legal risks when managing under-performance.
Fairfax Media's plan to move to performance-based pay among its workforce has the potential to increase its success as a company, but the effectiveness will depend on the details of how it works, says Jairus Ashworth, partner in Aon Hewitt's performance and reward practice.
In some of the key cases handed down in the anti-bullying jurisdiction so far, the Fair Work Commission has provided useful guidance on what constitutes "repeated unreasonable behaviour", but also raised concerns about the scope of orders it can make.
Employers must tread a fine line when personal problems affect a worker's performance - especially as some "personal" issues will trigger concrete obligations, says Minter Ellison senior associate Jordan Tilse.
Without procedural fairness, even the most seemingly justified disciplinary decisions can be challenged and overturned. Don't risk this happening after your next workplace investigation.
This webcast covers:
The three principles of procedural fairness;
The "evidence rule";
Practical case law lessons from past investigations; and more.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
