The combination of social media and a holiday atmosphere makes the festive season a particularly dangerous time of year for employers, warranting "extra care" on their part, says Holding Redlich special counsel Trent Taylor.
Allowing employees to work from home as well as the office can increase productivity and engagement, but instead of adopting a whole-of-company approach to introducing and managing telework, many employers are allowing it on an ad hoc basis, says expert Nina Sochon.
More than half of the population will experience a mental illness at some stage in their lives, and most will choose to conceal it, so employers need to beware of performance-managing workers who are unwell, says Swinburne University of Technology's Doctor Mirella Romanella.
In this 15-minute podcast, employment lawyer Kristin Duff (Ramsey) answers 13 questions from subscribers about employment contracts, in relation to probation periods, changes to remuneration packaging, terminating fixed-term contracts, employment offers and more.
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.
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.
