The Federal Court has allowed a disgruntled ex-employee to seek access to a report in an adverse action case, casting doubt on the rights employers have to keep documentation private under legal professional privilege.
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.
Employers have no automatic right to legal representation when defending claims in the anti-bullying jurisdiction, despite popular belief to the contrary, according to DLA Piper senior associate Elizabeth Ticehurst.
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.
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.
There's still a lot of stigma towards mental health in the workplace, but employers and HR can do a range of things to be role models in this area, according to workplace health and safety specialist Christina Willcox.
Proposed changes to the Racial Discrimination Act could encourage workers to seek out more complex and expensive legal avenues to address prejudice in the workplace, says the Diversity Council of Australia.
Can you confidently tackle mental illness challenges in the workplace? Watch this webcast to understand the legislative framework, and how to manage psych claims, provide appropriate support and reduce stigma.
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.
