Legislation & regulation | Page 54 (704 items)

One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

HR Daily Premium presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.

Most HR policies fail to deal with modern bullying, discrimination and harassment challenges - including after-hours misconduct and misuse of social networks - says workplace lawyer Brad Swebeck.

In an important ruling for employers, a tribunal has cleared an organisation of vicarious liability for sexual harassment, finding that it took "all reasonable steps" to prevent the behaviour from occurring.

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.

The time for talking about gender equality and waiting for people to "get it" is over - real action is needed now, according to Helen Conway, director of the Equal Opportunity for Women in the Workplace Agency (EOWA).

Employers that fail to provide information to travelling workers about potential risks to their health and safety risk breaching their moral and legal duties, with flow-on effects to employee engagement, according to Michael Eberhard of Concur Technologies.

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".



In this webcast, employment lawyer Natalie Spark outlines:

• How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
• Options for managing poor performance - and how to decide which to take;
• Lessons learned from successful claims against employers; and
• Case studies of performance management-related claims.