Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
The question of whether certain behaviours constitute bullying or are just the consequence of abrasive personalities is so problematic that employers should shift their focus to the prevention of both, says HR Business Direction's organisational psychologist Trish Cloete.
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 should "spread the net far and wide" in building a case for absence management, identifying where risks lie and what their costs are before putting forward a plan, according to HR expert and author, Graham Smith.
A workforce strategy is critical to making the most effective decisions about managing people, performance and risk, but according to expert Colin Beames, very few organisations actually have one.
Court rulings show how important it is to draft contracts clearly, and to include simple clauses that can protect organisations from expensive litigation, but many employers still haven't learned the lessons, says Hynes Legal associate director, Kristin Duff.
Employers are only beginning to realise the potential impact of LinkedIn on their ability to retain business contacts, enforce post-employment restraints, and avoid costly claims, according to DLA Piper Australia senior associate Elizabeth Ticehurst.
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.
It is acceptable for an employer to require a medical certificate to cover certain absences and not others, but not to place an "arbitrary" limit on the number of times it will accept an alternative, according to the Fair Work Commission.
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.
