Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Court rulings show how important it is to draft contracts clearly, and to include simple clauses that can protect organisations from expensive litigation, but many employers still haven't learned the lessons, says Hynes Legal associate director, Kristin Duff.
The end of any contracting arrangement heralds a heightened risk of employee entitlement claims, but those involving unpaid superannuation are particularly hard to defend and costly to address, according to PwC partner Rohan Geddes.
HR professionals who encounter suspicious medical certificates are entitled to question them, but "you should be very sure of your facts before putting allegations to employees", according to Workplace Law managing director Athena Koelmeyer.
What are your options when an employee is sick after exhausting all leave entitlements? Have you ever been given a medical certificate that seems less than legit? Watch this webcast to understand how to manage personal leave in a legally sound way.
Employers shouldn't assume that every employee who claims to have been hurt, embarrassed, or humiliated has been bullied, the Fair Work Commission has warned, after finding a worker was unfairly sacked over allegations made by a "sensitive" colleague.
Drug and alcohol testing policies that follow industry and Australian standards are more likely to be considered reasonable - and therefore enforceable - than those that depart from standard practice, according to employment lawyer Erin Rice.
Recent changes to the Fair Work Act provide further motivation for employers to ensure their staff know what bullying is - and what it's not, according to Workplace Solutions director Fay Calderone.
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.
