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.
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.
When an employee is under-performing, or their conduct is unsatisfactory, they can have a "rotten apple" effect on other workers, damaging productivity, engagement, and retention levels, says employment lawyer Brad Petley. In this webcast he explains:
how difficult employee behaviour can manifest;
why employers must manage unsatisfactory conduct or performance;
employers' rights and obligations when managing difficult workers;
how to minimise your exposure to legal claims associated with difficult employees; and
The Fair Work Act has changed collective bargaining dynamics in fundamental ways, giving employers an opportunity to negotiate for their own benefit as much as for employees, says employment lawyer Chris Gardner. In this presentation he outlines:
the good faith bargaining laws;
the power of premise in a negotiation;
how to use good faith bargaining to maximise your negotiating position; and
the key levers in any collective bargaining negotiation.
Any report of unsatisfactory workplace conduct or performance needs to be investigated, says employment lawyer Brad Petley. This presentation outlines the steps to take to ensure your investigations meet the Fair Work Act's procedural fairness requirements. Petley covers:
The role of the HR investigator;
Your legal obligations during investigations;
How to gather evidence and take statements from employees;
How to conduct effective interviews;
How to deal with evasive or untruthful witnesses;
When not to conduct interviews;
The impact of the Fair Work Act on investigation obligations;
How to manage employees post-investigation; & more.
During the "silly season" HR professionals must be extra vigilant about managing workplace behaviour and culture issues. Watch this webinar to learn a framework for minimising your organisation's risks. People+Culture Strategies managing principal Joydeep Hor describes a compliance model for managing workplace behaviour risks, including sexual harassment and bullying.
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The model workplace safety laws commence in January, but employers that wait until then to comply could find themselves at risk of fines, prosecutions, or worse. According to Kemp Strang partner Lisa Berton and lawyer Ben Urry, OHS professionals should be preparing by addressing five key areas:
Despite all the attention paid to performance management in recent years, both employees and employers remain largely dissatisfied with current approaches and their results. This webinar will discuss what's working, and what's not, in the performance space.