Compliance & case law | Page 244 (2,440 items)

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.

Employees with children have a right to request flexible working arrangements. Do you know how to manage and respond to them?



This presentation explains:

• Employers' Fair Work Act obligations, and how they interact with parental leave entitlements and anti-discrimination laws;
• The implications of failing to comply with the flexibility provisions, and how you can avoid them; and
• What to include in a flexible working arrangements policy, and how to communicate relevant procedures to employees.

Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.



Watch this webcast to learn:

• The major risks in taking action on long-term injured, sick or absent employees;
• A step-by-step process for managing employees on unauthorised absence;
• What to do when an injured worker is unable to return to work or perform pre-injury duties; and
• Tips for defending unfair dismissal and other claims arising from absenteeism.

At HR Daily's recent workforce performance events, Right Management practice leader Rosemarie Dentesano and Freehills senior associate Natalie Spark answered questions on a broad range of performance-related topics. Listen to the full Q&A sessions here.

When an employee is under-performing, or their conduct is unsatisfactory, they can have a "rotten apple" effect on other workers, damaging productivity, engagement, and retention levels, says employment lawyer Brad Petley.



In this webcast he explains:

• how difficult employee behaviour can manifest;
• why employers must manage unsatisfactory conduct or performance;
• employers' rights and obligations when managing difficult workers;
• how to minimise your exposure to legal claims associated with difficult employees; and
• tips and traps along the way.

The Fair Work Act has changed collective bargaining dynamics in fundamental ways, giving employers an opportunity to negotiate for their own benefit as much as for employees, says employment lawyer Chris Gardner.

Any report of unsatisfactory workplace conduct or performance needs to be investigated, says employment lawyer Brad Petley. This presentation outlines the steps to take to ensure your investigations meet the Fair Work Act's procedural fairness requirements.



Petley covers:

• The role of the HR investigator;
• Your legal obligations during investigations;
• How to gather evidence and take statements from employees;
• How to conduct effective interviews;
• How to deal with evasive or untruthful witnesses;
• When not to conduct interviews;
• The impact of the Fair Work Act on investigation obligations;
• How to manage employees post-investigation; & more.

During the "silly season" HR professionals must be extra vigilant about managing workplace behaviour and culture issues. Watch this webinar to learn a framework for minimising your organisation's risks.



People+Culture Strategies managing principal Joydeep Hor describes a compliance model for managing workplace behaviour risks, including sexual harassment and bullying.

The model workplace safety laws commence in January, but employers that wait until then to comply could find themselves at risk of fines, prosecutions, or worse.



According to Kemp Strang partner Lisa Berton and lawyer Ben Urry, OHS professionals should be preparing by addressing five key areas:

• Documentation;
• Related risks;
• Consultation;
• Training; and
• Incident response.

Every organisation is potentially at risk of damage - to its reputation, assets, morale and much more - from its employees' use of social media.



In this presentation, employment lawyer Nick Noonan outlines:

• Employers' rights to monitor and regulate employees' social media use;
• Employees' obligations when using social media;
• What to include in a social media policy;
• Employer risks in using social media in the recruitment process;
• The interaction between social media and privacy laws; and
• Recent case law involving social media issues in the workplace.