One misstep in workplace investigations can undermine a decision and expose employers to claims, and remote work arrangements have added an extra layer of complexity. In this webcast, a lawyer discusses procedural fairness essentials, case law lessons, special considerations during COVID-19, and much more.
The week's biggest HR stories cover: a "bizarre" workplace investigation; mental health conversations; boosting benefits programs during COVID; stand down confusion; and more.
Scepticism about virtual workplace mediation might be unfounded; it's not ideal for all scenarios but in some ways leads to better outcomes than are often achieved face-to-face, HR Daily Community member Zandy Fell says.
Another employer has entered into a court-enforceable undertaking to avoid prosecution, backpaying more than $8 million to 1,238 workers, with more to come.
An employer and its two directors have been ordered to pay a worker more than $142k in penalties and unpaid wages, with the Federal Circuit Court labelling them "captains on what was a very poorly crewed vessel". In related news, another employer must pay a worker $78k.
An employee suffered a psychiatric injury as a result of a 15-minute "catch up" meeting, but while the manager's approach wasn't "perfect", it was not unreasonable, a commission has ruled.
With R U OK? Day prompting difficult conversations around mental health, it's possible that well-intended peers will cross the line into unhelpful territory, a specialist warns.
Coles has failed on appeal to convince a court that it should not have to bear the costs of defending claims brought against it by a labour hire workers.
Most of employers' early confusion surrounding JobKeeper has been resolved, but recent rulings indicate a lack of understanding about what constitutes fairness during restructuring and workplace changes, an employment lawyer says.
A JobKeeper-enabling stand down that applied only to one worker, who had recently requested to work only from home, was unfair, the Fair Work Commission has found.
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.