This training course is delivered fully online and for the most-part, is self- directed.
Once registered, by the 11th May 2020, you’ll receive a login to our Learning Management System where you will be able to access all the content directly from the comfort of your home or office. You’ll have access to six video modules on-demand, templates, toolkits, checklists to help you along the way, and you can digest it over a time frame that suits you.
Ideally, you’ll need to have watched the videos by 26th May so you are fully prepared for the Livestream Q&A discussions where you will have the chance to get face time with our senior lawyers and expert HR Practitioners. Make sure you pre-submit your questions when requested.
After the Q&A session, you’ll have unlimited access to the online content until 29th May 2020 so you can continue to revisit and use the content as you need.
- From 11th May, access all online content
- Watch videos and download templates, checklists and toolkits required
- Prepare for Livestreaming Q&A on 26th May and pre-submit your questions (you will receive an email to pre-submit q's)
- On 26th May, login to the Livestream Q&A webinar discussion sessions to get face time with two senior lawyers and an expert HR practitioner, and get your questions answered
- Enjoy unlimited access to the online content until 27th June 2020
- Note: Each registration gives only one login which cannot be shared. If you have multiple people in your organisation who would benefit from this program, register for a group pass. Access to all content will be provided once all registration fees have been paid.
Introduction and legal framework
• Identifying what constitutes difficult workplace behaviour misconduct, versus serious misconduct, and what is performance
• Knowing your legal obligations: The Fair Work Act, common law, employment contracts and workplace policies
• Understanding what constitutes ‘reasonable management action’
Preventing difficult workplace behaviours
• Effectively using employee manuals, workplace policies and position descriptions
• Implementing training and refreshers for employees
• Dealing with unacceptable behaviour, including suspected misuse of sick leave, serious misconduct and bullying
• Reinforcing the manager/supervisor role in prevention
Managing difficult and inappropriate employee behaviour in the workplace
• Key considerations and questions to ask before deciding appropriate action
• How to approach challenging conversations about inappropriate employee behaviour
• Developing processes to handle the most common or complicated scenarios
Conducting a procedurally fair and defensible workplace investigation
• In-house versus outsourced investigations
• Starting the process right: devising the investigation, gathering evidence, and conducting competent interviews
• Principles of procedural fairness during a workplace investigation
• Preparing the findings and investigation report
• Managing confidentiality
• Role of support persons and the option Employee Assistance Programs (EAP)
• What next?
Disciplinary and termination processes – the pitfalls and what to avoid
• Adverse actions
• Unfair dismissals
• Bullying complaints
• Common law
• Employment contracts (Breach of Contract)
Disciplinary process
• Performance improvement plans versus warnings – which to use when
• Warnings - are three warnings necessary before termination?
• What records of performance management or warnings given should be kept for future reference
• Key considerations when comtemplating disciplinary action
• Avoiding and managing adverse action claims
• Addressing complaints of bullying or stress claims during the disciplinary process
Termination process
• Procedural fairness – looking at the legal obligation and best practice
• What is ‘harsh’, ‘unreasonable’, or ‘unjust’? How to terminate effectively from a legal and employee relations perspective
• Looking at best practice application for the disciplinary and termination process
How to proceed when faced with an adverse action, unfair dismissal or bullying claim
• When to call a lawyer?
• Process in the Fair Work Commission
• The role of a deed of release
Make sure you are ready infront of your device for an 11:00am AEST (9:00am PER AWST, 1:00pm NZST ) online kick off on the 26th May, 2020
What to do?
- Pre-submit your questions through our handy survey link, sent by email direct to your inbox!
- Join our experts live on 26th May (access details will be sent closer to the date)
- Ask questions live, and participate in discussions!
