HR professionals who provide advice that isn't followed can find themselves in trouble in Fair Work Commission proceedings, according to employment lawyer Fay Calderone.
An employee who was fired for sending an anti-Muslim email at work has been awarded almost $29,000 in compensation, after the Fair Work Commission found his termination was harsh and unreasonable.
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham.
Using lawyers to conduct workplace investigations enables employers to protect information under legal privilege, but only if the process is handled correctly, according to Kemp Strang senior associate Ben Urry.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
In some of the key cases handed down in the anti-bullying jurisdiction so far, the Fair Work Commission has provided useful guidance on what constitutes "repeated unreasonable behaviour", but also raised concerns about the scope of orders it can make.
Strong informal processes can prevent many bullying complaints from escalating into full-blown claims and legal action, but only if employers avoid common mistakes with them, says employment lawyer Jordan Tilse.
Interviewers can jeopardise the fairness of a workplace investigation just by giving in to a natural inclination to sound supportive during witness interviews, warns an expert.
Without procedural fairness, even the most seemingly justified disciplinary decisions can be challenged and overturned. Don't risk this happening after your next workplace investigation.
This webcast covers:
The three principles of procedural fairness;
The "evidence rule";
Practical case law lessons from past investigations; and more.
The laws around engaging casual and contract workers have changed drastically this year. Understand how this affects your organisation by attending this HR Daily webinar.
From August, employees will have a legislated right to disconnect from work. Understand what this means for your organisation by watching this HR Daily Premium webcast.
