Two employees who were sacked after they punched a supervisor in the head were unfairly dismissed, the Fair Work Commission has found, in a case that illustrates the dangers of "unsophisticated" HR management.
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.
HR professionals should encourage managers to take all employee complaints seriously, because ignoring a "difficult" worker can lead to expensive legal claims and damaging workplace issues, says employment lawyer Shana Schreier-Joffe.
A tribunal has upheld an employer's decision to sack a worker who admitted - then denied - that he sent a s-xually suggestive email from a colleague's account.
An employee sacked for using foul language during an altercation with his supervisor will receive compensation, after the Fair Work Commission found an HR manager misrepresented a "crucial issue" when documenting the incident.
Can HR professionals restrict who attends investigative interviews as a support person? How should interviewers deal with uncooperative respondents? When is it OK to audio-record interviews? This Q&A with expert investigator Harriet Stacey answers these questions and more.
An employer that failed to clearly state in its policies that sexual harassment is illegal has been found vicariously liable for an employee's inappropriate conduct.
An expert investigator has outlined what HR professionals should consider when deciding whether to audio-record or take notes during workplace investigative interviews.
Interviews are an integral part of any workplace investigation, and play a vital role in ensuring a fair and just outcome after bullying, misconduct or unsafe work. Watch this webcast to develop your skills and help your organisation make the best decisions after workplace incidents.
In this presentation expert investigator Harriet Stacey, from WISE Workplace, explains:
the PEACE framework for structuring workplace interviews;
how to interview the respondent of a workplace allegation;
how to apply procedural fairness principles during interviews;
privacy, confidentiality, anonymity and related considerations;
