As the Fair Work Commission's anti-bullying regime starts to take shape, an industrial barrister has compiled a list of 13 issues employers should consider when preparing to defend a claim.
Confusion about how long an organisation should retain a sick or injured employee who's unable to work could be stopping many employers from lawfully terminating absent staff, according to lawyers from Hicksons' workplace relations group.
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.
HR professionals who encounter suspicious medical certificates are entitled to question them, but "you should be very sure of your facts before putting allegations to employees", according to Workplace Law managing director Athena Koelmeyer.
What are your options when an employee is sick after exhausting all leave entitlements? Have you ever been given a medical certificate that seems less than legit? Watch this webcast to understand how to manage personal leave in a legally sound way.
A recent court case sends a timely reminder that whenever HR professionals communicate something negative about an employee to anyone other than that person, they should beware of defamation risks, says Lander and Rogers partner Neil Napper.
Employers of people who work alone, are geographically isolated, or have the potential to be alone when working late or travelling on the job, must take reasonable steps to minimise associated risks - even if that means doubling their staffing, says Kemp Strang partner Lisa Berton.
Recent changes to the Fair Work Act provide further motivation for employers to ensure their staff know what bullying is - and what it's not, according to Workplace Solutions director Fay Calderone.
The Fair Work Act's bullying amendments will make it more difficult for employers to address performance issues at work, according to Maddocks partner, Ross Jackson.
It is now far easier for the government to prosecute employers whose staff breach their visa requirements - and ignorance will provide no defence, according to migration law specialist Enza Iannella.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
