Managing Difficult Employee Behaviour Masterclass

Masterclass Agenda

8:30 Registration and Welcome Coffee 
9:00 Course Starts
10:30 – 11:00 Morning Tea 
12:30 – 1:30 Networking Lunch 
3:00 – 3:30 Afternoon Break
5:00 Course Ends

YOUR OBLIGATIONS & PREVENTATIVE MEASURES

 

  • Identifying what constitutes difficult workplace behaviour misconduct vs. serious misconduct 
  • Knowing your legal obligations: Fair Work Act, common law and employment contracts 
  • Understanding what constitutes ‘reasonable management action’ 
  • Workplace policies

 

  • Use of employee manuals, workplace policies and position descriptions 
  • Dealing with unacceptable behaviour, including suspected misuse of sick leave, serious misconduct and bullying

INCIDENT MANAGEMENT & INVESTIGATIONS

  • Key considerations and questions to ask before deciding appropriate action 
  • How to approach challenging conversations about inappropriate employee behaviour 

  • Start 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 
  • What next? 
  • Performance Improvement Plans 
  • Warnings - are three warnings necessary before termination? 
  • What records of performance management or warnings given should be kept for future reference 
  • Role of support persons and the option Employee Assistance Programs (EAP)

TAKING APPROPRIATE ACTIONS

 

  • Adverse actions
  • Unfair dismissals 
  • Bullying
  • Common law 
  • Employment contracts (Breach of Contract)

 

  • Key considerations when considering disciplinary action 
  • Avoiding and managing adverse action claims 
  • Addressing complaints of bullying or stress claims during the disciplinary process

  • Procedural fairness - the legal obligation and best practice 
  • What is ‘harsh’, ‘unreasonable’, or ‘unjust’? 
  • How to terminate effectively from a legal and employee relations perspective

When to call a lawyer?
The role of a deed of release

INTERACTIVE SESSION & CASE LAW INSIGHT

 

  • Discussion and insight regarding key lessons from case law 
  • Looking at best practice application for the disciplinary and termination process 
  • Developing processes to handle the most common or complicated scenarios 
  • Approaching challenging conversations about inappropriate employee behaviour