key factors which reduce risks relating to terminations & unfair dismissal claims
ELM TV EXCLUSIVE – One of ELM’s most informative contributors, Marie-Claire Foley, Partner at Ashurst, in this video details two main trends happening in the IR space at the moment. On top of highlighting what these are, she goes on to explain possible reasons.
Read several key recommendations from Ashurst’s Talia Firth for what an employer should consider when making decisions related to redundancies and workplace restructures. Speaking at an upcoming workshop on this topic, Talia also points out two key case decisions that help explain her rationale.
Madelaine August of Moray & Agnew provides us with informative answers to questions regarding procedural fairness. She cites the Bonny Walia v Citywide Service Solutions case, where a garbage truck driver was reinstated to his position by the FWC due to issues with the employer’s decision making steps.
ELM TV EXCLUSIVE – Herbert Smith Freehills’ Partner, Nicholas Ogilvie gives us his best tip when dealing with terminations in the workplace, specifically in relation to an unfair dismissal. Is your reason for dismissing someone “sound, well-founded and defensible”? Watch the full video here.
ELM TV EXCLUSIVE – Excellent video featuring Emma Butcher discussing performance management dos and don’ts. A clear reminder here of the need to approach each performance issue separately and that “no one size fits all”.
ELM TV EXCLUSIVE – This short video with Helene Lee of Norton Rose Fulbright highlights both the increase and reasons for adverse action, as well as the pros and cons of having one vs multiple decision makers.
Employees are sometimes accused of abandoning their employment. The employee may have simply disappeared. Other times, the employee remains in contact but, perhaps because of an (alleged) injury or illness, refuses or fails to attend at work. Where is the line drawn between temporary absence and abandonment and, in any case, how should an employer deal with it?
“Employers need to ensure that managers are appropriately trained in managing underperforming employees and can identify when an employee needs to be placed on a performance improvement plan,” writes Belinda Winter. Read her responses to the questions received from attendees at the HR Law Masterclass event.
We learn that “in some cases the senior and HR managers, of companies can individually face civil penalties of (currently) up to $10,800 for non-compliance”. The key issue cited for non-compliance “tends to come back to a lack of overall, proper familiarity with what the relevant obligations are”.