Industrial relations, disputes & unions | Page 47 (572 items)

It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.

One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

HR Daily Premium presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.

When proposing any change in working conditions that could be negatively perceived, employers should ensure they "get their messaging right", or risk public outcry and unflattering media attention, says People & Culture Strategies managing principal, Joydeep Hor.

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.

A recent workers' compensation decision involving an employer's bungled inquiry into a workplace conflict of interest should ring alarm bells for employers, and highlights some important do's and don'ts for investigating personal or sensitive matters.

Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley.

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".



In this webcast, employment lawyer Natalie Spark outlines:

• How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
• Options for managing poor performance - and how to decide which to take;
• Lessons learned from successful claims against employers; and
• Case studies of performance management-related claims.