Protecting Casual Workers

Have 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 […]

It’s in the Contract……

Workplace 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 […]

Group Bullying – A Complex Phenomenon

Group 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 […]

6 easy steps to avoid drunken workers

The 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 […]

Scheming and Plotting in the Workplace

Corruption 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 […]

Overstepping the Mark

Overstepping 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 […]

It’s not always Black and White……

Think 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, […]

Getting off on the Right Foot

How 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 […]

Careless Whispers: Confidentiality and Office Gossip

Careless Whispers: Confidentiality and Office Gossip It’s human nature, really. We all love glimpses into the private lives of others, which is why the Kardashians are a household name. And our appetite for gossip can naturally extend to the workplace as well. We spend a lot of our lives in the company of our workmates after all, […]