The Fair Work Commission has dealt with a wide range of topics in unfair dismissal cases this year, from bullying, harassment and other misconduct, to health conditions and vaccinations, but some have "stuck out", employment lawyers say.
Employers don't have a positive obligation to make reasonable workplace adjustments for employees with mental health issues, but doing so can be a major help in defending discrimination or general protections claims later, a lawyer says.
Failing to show clear and objective evidence of the connection between employees' out-of-hours misconduct and the workplace is often where employers fall down when trying to defend claims, according to a lawyer.
Employees have increasingly optimistic expectations for remote and flexible work, so it's critical to understand what makes – and breaks – hybrid work success, a lawyer stresses.
Despite affecting "a hell of a lot" of the workplace climate for their people, many leaders don't give enough thought to adapting their style to the moment, a coach and advisor says.
The difficulty of managing underperformance with remote or hybrid workers is exacerbated by the fact there are no "hard and fast rules" about what a performance improvement plan should contain, an employment lawyer says.
