A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham.
Using lawyers to conduct workplace investigations enables employers to protect information under legal privilege, but only if the process is handled correctly, according to Kemp Strang senior associate Ben Urry.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
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.
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.
