An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.
To ensure they take 'reasonable management action' when handling complex workplace processes, employers need policies that provide for fairness and consistency, but also some flexibility, lawyers say.
Amid widespread concerns that managers are avoiding difficult processes due to psychosocial safety fears, a lawyer warns that this approach can actually increase the risk of claims.
Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
An employee wasn't bullied when she received repeated requests to work in her employer's office, and was placed on a performance improvement plan after a client complaint, a key ruling from this year illustrates.
Most HR practitioners know how to apply a technical lens to complex workplace matters, but a broader focus on human elements can surface risks and opportunities they wouldn't otherwise address, an advisor says.
Poor perceptions of an HR function sometimes have no foundation in its performance, so the solution lies in reframing its achievements, according to an advisor.
