The Fair Work Commission (FWC) has issued a formal ruling for a Stop Bullying Order under section 789FF of the Fair Work Act. It’s the first formal ruling since the anti-bullying provisions of the Act came into effect on January 1, 2014. The Details of the case In the ruling on August 5, the […]
DetailsHave Casuals? Discrimination and Unlawful Dismissal DO Apply There are huge benefits to employers in having a workforce of casual employees. There’s no need to worry about leave entitlements, work hours can be changed at short notice, and it’s easy to shed or add staff depending on the needs of the business. Indeed, casualisation has […]
DetailsWorkplace Policies: Are They Legally Binding? A recent decision of a Queensland appeal court raises some interesting questions about the role that workplace policies play in the employment relationship, and specifically whether they form part of the employment contract. In 2009, the employment of a lecturer at a Queensland university was terminated for serious and […]
DetailsGroup Bullying: A Complex phenomenon Since the late 1970s, workplace bullying has been on the radar, with an increase in attention from researchers and workplaces in terms of understanding and managing the behaviours. This broad attention has given rise to issues around the definition, but with some consensus on the key elements of what constitutes […]
DetailsThe perils of the office Christmas Party The office Christmas party. It’s a time of celebration, and an acknowledgement of all the hard work done by the team over the year. So what could possibly go wrong? Plenty for employers, as the recent decision in Keenan v Leighton Boral Amey Joint Venture demonstrates, especially when the […]
DetailsBy Ian Edwards Changes to WA reporting requirements Coming into effect on July 1 are the changes to the reporting of Serious and Minor misconduct in accordance with the WA Corruption and Crime Commission Act 2003. The changes mean that minor misconduct is no longer required to be reported to the Corruption and Crime Commission […]
DetailsCorruption and Collusion: Working Together for Harm It can be a shock to discover that an employee may be corrupt. An employer can be frozen with disbelief, deeply hurt by the breach of trust, and put in a dire financial predicament. These feelings (and the financial losses) can be magnified when more than one employee […]
DetailsOverstepping the Mark: When Unions Act Too Far In our last post, we looked at the importance of properly investigating allegations in the case of Amiatu and Others v Toll Ipec Pty Ltd. This case is also a significant commentary on union representation, and what can happen when a union official oversteps the mark. Even […]
DetailsThink Employee Behaviour is clear cut? Sometimes, workplace incidents can seem straightforward to an employer – an employee has done something wrong, and action should be taken. But two recent cases before the Fair Work Commission (FWC) demonstrate the importance of properly investigating a matter and relying on sound evidence before taking action against an employee, […]
DetailsHow to Cover Essential Rights in an Interview Covering the essential rights of a person in an interview is crucial to procedural fairness. If the interviewee is not made aware of their rights from the outset, anything that they may say during the interview may be viewed as being lacking in procedural fairness and of […]
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