Employers using any form of workplace surveillance must be mindful of the intersection between employment law, HR policy development, and workplace privacy and surveillance laws.
Bullying investigations often uncover new allegations in the course of interviewing respondents, so employers must ensure they take steps to avoid "scope creep", an experienced investigator warns.
Workplace misconduct and bullying investigations involve the same processes and principles, but the "strict liability" applying to the latter imposes additional, more onerous considerations, according to an investigations expert.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
A worker who was sacked for breaching his employer's zero-tolerance drug and alcohol policy has had his unfair dismissal claim rejected, despite his employer questioning the test results and admitting to procedural unfairness.
In a case the Fair Work Commission found "disturbing on a number of levels", an employee whose supervisory practices constituted bullying and harassment has failed in her unfair dismissal claim.
Court and Fair Work Commission rulings this year have changed the way your organisation should manage its employment law compliance and liability risks. Watch this webcast to understand how to manage its legal exposure.
An employer with a "broad" video surveillance policy did not have a valid reason for terminating a manager who used it to monitor staff performance, the Fair Work Commission has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.