ELM TV EXCLUSIVE – An excellent interview with Clayton Utz Partner, Cilla Robinson regarding bullying and mental health in the workplace. We learn how and why the two issues are becoming increasingly common in modern workforces.
An employee was awarded a total of $625,345, being $210,000 for pain and suffering and $415,345 for pecuniary loss, due to the lack of duty of care from the Department of Health Victoria as her employer. Read how the relationship was causing the employee “extreme stress and she was at risk of psychiatric harm”.
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.
ELM TV EXCLUSIVE – Lander & Rogers’ Aaron Goonrey provided us his top tips on performance management live at the recent HR Law Masterclass. One of the challenges he cites employers often facing is, “confronting the problem in the first place”.
“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.
Managing under-performing employees is a complex and often fraught process, and many employers have been surprised to find themselves on the receiving end of a bullying claim after undertaking what they believed to be reasonable management action.
“If an employer wishes to rely on a series of warnings to justify a dismissal, each of those warnings must be justifiable,” writes the team at Hesketh Henry. “Warnings should be used as a rehabilitative tool, rather than a punitive one.”
“Employers should implement a clear workplace policy in relation to discrimination and the standard of conduct it requires from its employees and any other persons at the workplace. However, it’s not enough to simply have a policy in place,” writes Joanna Knoth of MDC Legal.
Tiffany Campbell of Holding Redlich reminds us in this informative submission that “Managers are your front-line for reinforcing company values and culture, managing staff and driving results.” With this said, there have been a recent spate of workers’ compensation decisions, however, “where consequences on businesses when managers fail to act reasonably when managing employees.”