Blurred Lines

  A recent decision of the Victorian Supreme Court in the case of a Melbourne teacher who was sacked for having a relationship with a student after she left school raises some serious questions about child protection, and shows how discrimination laws worked against a school that was acting to enforce child protection principles.   […]

No Proof: The Key Role of Circumstantial Evidence

Jill McMahon – Monday, December 14, 2015 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The issue of circumstantial evidence can often arise in workplace investigations, and there can sometimes be confusion about how to […]

Tis the Season: Office Christmas Party Tips and Traps

The office Christmas party. It’s an institution here in Australia, and most employees expect some kind of celebration. It’s only fair, too, given the hard work they’ve put in over the year. But increasingly, office parties have become legal minefields. The good news is that there are measures organisations can take to safeguard their staff, as […]

First Cab off the Rank? Interviewing Respondents

Jill McMahon – Monday, November 23, 2015 Even the simplest of workplace investigations can be a tricky balancing act. You need to consider how to investigate the matter, collect evidence and adhere to various laws, all the while having regard to employee welfare and the needs of your organisation. Strategy is a key element of […]

Sticks and Stones: The Physical Impact of Bullying

  With the federal government increasingly exercising its legislative muscle when it comes to workplace bullying, employers are expected to be vigilant in prevention and to properly deal with bullying when issues arise. One of the key areas is work health and safety (WHS) and the physical impact of workplace bullying. WHS requirements WHS legislation requires […]

Stop Bullying Orders: How is the System Working?

In January 2014, the anti-bullying provisions of the Fair Work Act came into effect. They included provisions for Stop Bullying Orders (SBOs). In this article, we take a look at how the SBO system is working so far. Why were the orders introduced? Early intervention in workplace bullying is essential to prevent further harm to […]

Blowing the Whistle in the Public Sector

In 2003, Andrew Wilkie, who was then a senior government analyst, rocketed into the national consciousness by blowing the whistle on support for military action against Iraq. Wilkie is now a member of federal parliament and has championed protection for whistleblowers, particularly in the public sector. What the law says This was enacted by Parliament […]

Procurement Fraud: Hitting Organisations Where it Hurts

Procurement is big business in Australia – there are sections of government devoted solely to procurement and large organisations have policies and procedures in place to regulate procurement practices. It’s a huge area of growth but in recent years it’s also been increasingly exposed to abuse by unscrupulous employees and operators looking to gain significant […]