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.
A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.
Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.
Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.
The risk of facing an adverse action claim is now a constant threat for employers and individual HR managers, but as case law in the area grows, well briefed employers are more likely to successfully defend them, say employment lawyers.
The Fair Work Act's adverse action provisions are the biggest cause of headaches for employers and should be modified, according to employment lawyers.
Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.
Watch this webcast to learn:
The major risks in taking action on long-term injured, sick or absent employees;
A step-by-step process for managing employees on unauthorised absence;
What to do when an injured worker is unable to return to work or perform pre-injury duties; and
Tips for defending unfair dismissal and other claims arising from absenteeism.
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.
