This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
Most New Year's resolutions are short-lived, and more likely to induce a sense of failure than to drive success, according to behavioural strategists Dan Gregory and Kieran Flanagan, who say the same is often true of organisational goals.
In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley.
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Potential reputation damage from a stop-bullying application is so great that employers should always request confidentiality, even if the Commission is reluctant to grant it, says an employment law expert.