is an employee obliged to divulge facts about their partner? In a recent matter before the Fair Work Commission – Lakatos v Termicide Pest Control Pty Ltd – the short answer to the above proposition was ‘yes’. The employee, Ms Lakatos, refused at first instance to answer questions posed by her employer regarding her fiancé’s […]
The Reasonable Person Test Explained The ‘reasonable person’ test is one of those legal quirks that form an enduring part of the common law, despite being very hard to actually define. One human causing damage to another is certainly a tale as old as history itself. And judges in various forms have always had the […]
Confidentiality Should Be No Surprise In a recent case involving a union delegate acting as a support person and a breach of confidentiality, the Fair Work Commission noted that those acting as support people during workplace disciplinary processes must be clearly informed by the employer about their obligation to maintain confidentiality. This might seem to […]
Basic Risk Assessment for Employees Working with Children It’s a testament to how far we have come as a society that we now work tirelessly to ensure the protection of our children. And in Australia, each state government has answered the call to assist in this endeavour by introducing rigorous background checks and mandatory certification […]
Drafting Allegations the Right Way Whenever allegations of adverse conduct arise in the workplace, the relevant investigator or manager must think carefully about the way in which these are to be put to the person involved. Preparation is the key here – wherever possible, take sufficient time to organise and crosscheck your information about the […]
Protecting Against Unwanted Sexual Advances at Work The definition of a workplace might seem relatively simple – the office, the work site, the place where you carry out your duties of employment. Yet a recent finding of the Full Federal Court has affirmed one judge’s ruling that the workplace can quite often extend beyond the […]
How to Plan a Workplace Investigation and Why it’s Important If you are conducting either internal or external workplace investigations, it is crucial that you formulate a unique plan of action for each investigative process. No two workplace issues are the same, and a well-structured investigation plan will ensure that you account for the many […]
How to Handle Workplace Bullying Is bullying a problem in your workplace? According to a regulation impact statement produced by Safe Work Australia, the prevalence of bullying in Australian workplaces is between 3.5 and 21%. The cost of bullying to businesses in terms of lost productivity and absenteeism amounts to millions of dollars every year, […]
When Should You Report Workplace Bullying? Workplace bullying can be toxic to organisations and can have a long-term physical and emotional impact on victims. If someone you know is being bullied at work, it’s important to know when to report it. Workplace bullying is defined as repeated and unreasonable behaviour which is directed towards an […]
The Fair Work Commission (FWC) has criticised the Department of Defence for its dismissal of an employee for excessive personal internet browsing, and the use of an anonymous search engine. The dismissal took place after a workplace investigation which the commission deemed to be unfair and unreasonable. During the investigation of the employee, the Department […]