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.
Employers are not expected to be "mind readers" about the workplace adjustments required by workers with disability, a tribunal has noted in dismissing a disability discrimination claim.
A worker accused of sleeping on the job has been awarded $15,500 after a court found her employer had not closely followed the three-strike disciplinary procedure of its enterprise agreement.
Data from the first quarter of the Fair Work Commission's anti-bullying regime underlines the importance of training managers and supervisors to minimise legal risks during performance management discussions, an employment lawyer says.
Engaging independent contractors used to be "relatively easy", but the contract clauses that previously protected organisations from contractor claims are not as defensible as they once were, according to Ashurst senior associate, Taboka Finn.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
