Browsing: Compliance & case law | Page 173 (1736 items)

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.

A checklist of minimum safety and technical requirements for home-based work is essential to ensure the arrangements are trouble-free, and that employees understand their obligations and responsibilities.

Employers can significantly reduce the risk of a psychological injury claim if they practise eight important steps, say Hicksons employment lawyers Brad Swebeck and Stewart Cameron.

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 this presentation, he and fellow Hicksons Lawyers partner Stewart Cameron outline:

• How to detect, prevent and manage bullying, discrimination and harassment;
• New psychological injury risks posed by misuse of social networks/media;
• What to include in bullying and harassment policies;
• Your rights and responsibilities when managing employees' out-of-hours behaviour;
• Appropriate responses to employee complaints;
• Lessons to be learned from successful claims brought against employers;
• How to defend spurious claims;
• How to avoid claims arising from performance management; and
• HR managers' liability for psychological injury under the existing and new OHS national framework.

Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley.

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.

When contracting arrangements aren't clear on paper and are murky in practice, they become like the proverbial "ticking bomb", potentially resulting in massive back-pay orders for wages, superannuation contributions, and other modern award or NES entitlements.



This webcast covers how to:

• determine whether to engage workers as contractors or employees;
• ensure arrangements satisfy established principal/contractor tests;
• review existing arrangements to clarify your liability;
• adapt contracts and practices to reverse the risk; and
• avoid the risks associated with long-term contracting arrangements.

Employees with children have a right to request flexible working arrangements. Do you know how to manage and respond to them?



This presentation explains:

• Employers' Fair Work Act obligations, and how they interact with parental leave entitlements and anti-discrimination laws;
• The implications of failing to comply with the flexibility provisions, and how you can avoid them; and
• What to include in a flexible working arrangements policy, and how to communicate relevant procedures to employees.

Managing workers on extended sick leave, or with long-term injuries, requires carefully balancing business needs with your rights and obligations as an employer.



Watch this webcast to learn:

• The major risks in taking action on long-term injured, sick or absent employees;
• A step-by-step process for managing employees on unauthorised absence;
• What to do when an injured worker is unable to return to work or perform pre-injury duties; and
• Tips for defending unfair dismissal and other claims arising from absenteeism.

At HR Daily's recent workforce performance events, Right Management practice leader Rosemarie Dentesano and Freehills senior associate Natalie Spark answered questions on a broad range of performance-related topics. Listen to the full Q&A sessions here.