In Boguslaw Bienias v Iplex Pipelines Australia, a team leader failed to show up to work for a fortnight. During his absence, Iplex attempted to contact the employee by phone, in writing, and even arranged for the police to conduct a welfare check on him. The employee did not respond. As a result of this case’s decision, the FWC announced that it will review abandonment clauses in all modern awards.
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.
Derogatory comments on social media can be a valid reason to terminate an employee’s employment, but a fair process must still be followed to avoid an unfair dismissal ruling. Allens’ Senior Associate Tristan Garcia and Lawyer Jo Seto report on a recent decision of the FWC.
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.
“Employers can minimise their risk of harm to reputation and brand and risk of vicarious liability for an employee’s out of hours behaviour, by having a suitable workplace code of conduct and social media policy…,” writes Noella Silby of MDC Legal.
A spate of recent unfair dismissal cases has exposed the consequences of poor performance management processes. If you want to avoid an unfair dismissal claim, or put yourself in a good defensible position, read on.
“You need to ensure you have the right to put an employee on gardening leave,” writes Charles Power of Holding Redlich. “If you don’t have that right and act as if you do, the employee could treat him or herself as being constructively dismissed.” Learn more about this issue here.
Highly regarded presenter and Partner at Norton Rose Fulbright, Helene Lee exclusively discusses the challenges of dealing with an underperforming employee. This practical interview gives readers some valuable considerations within performance management.
Kott Gunning educates us on the topic of constructive dismissal… “it occurs when the conduct of the employer was so “harmful, adverse or unfriendly to” the contract of employment and the employment relationship that the employee could not be expected to put up with it”.