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.
Strong informal processes can prevent many bullying complaints from escalating into full-blown claims and legal action, but only if employers avoid common mistakes with them, says employment lawyer Jordan Tilse.
Interviewers can jeopardise the fairness of a workplace investigation just by giving in to a natural inclination to sound supportive during witness interviews, warns an expert.
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.
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 occasionally tempted to "get tricky" with the Fair Work Act's support person provisions, but a workplace lawyer warns that cutting corners in an attempt to expedite disciplinary matters can come back to bite them.
Having a formal policy to govern what happens when an employee blows the whistle on alleged wrongdoing can deter misconduct and reduce the risk of bad press, according to law firm DLA Piper.
Even with the best of intentions, HR managers often escalate workplace conflict, but with the right approach they can be incredibly effective at minimising or even preventing it, according to Mindful Mediation founder Caryn Cridland.
The actions HR professionals take in response to employee grievances can have a huge impact on preventing and minimising workplace conflict. Here are 14 ways to de-escalate complaints.
One of the best ways to uncover the truth about a workplace incident or allegation is to build a close rapport with the employees involved, according to undercover operations expert Dr David Craig.
