Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
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.
Employers shouldn't assume that every employee who claims to have been hurt, embarrassed, or humiliated has been bullied, the Fair Work Commission has warned, after finding a worker was unfairly sacked over allegations made by a "sensitive" colleague.
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.
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;
A ruling that it was unjust to dismiss a worker for "offensive, derogatory and discriminatory" posts about his managers highlights the critical importance of social media policies in the workplace, according to an employment lawyer.
Social media and blurry work/life boundaries mean employers can learn a lot about employees' out-of-work activities, but they should be very cautious about addressing them, according to employment lawyers.
Leading cultural change demands strong focus, an unwavering determination and a willingness to be held accountable, says Sex Discrimination Commissioner Elizabeth Broderick.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
