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.
The United States' famous litigation culture has led employers there to become more innovative in handling workplace disputes, developing systems and practices Australian HR professionals can learn from, according to an IR academic.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
