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.
Casuals, contractors, labour hire and fixed-term employees can be a valuable asset to an organisation - or its biggest risk. Watch this webcast to understand which factors to consider when deciding to engage the various types of contingent workers; and more.
