It is important for employers to keep procedural fairness top of mind when conducting workplace investigations or taking disciplinary action. Failing to do so can result in terminations being deemed unfair, as the recent Fair Work Commission decision of Nicholas Jarmain v Linfox Armaguard Pty Ltd [2018] FWC 3255 (14 June 2018) shows. background […]
Parties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when – or if – it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, […]
Anyone who has been following the news recently will be aware that scandalous sexual relationships in the workplace have become something of a common theme. The stories of Seven West Chief Executive, Tim Worner and his former executive assistant (a relationship which ended in legal action), the forced resignations of senior AFL executives over […]
Workplace bullying comes at a high price for Australian businesses and employees, costing billions and leaving a trail of physical and mental health issues in its wake. Even though employers are becoming increasingly conscious about bullying and most have anti-bullying policies in place, it is still very prevalent in 2017. We take a look […]
Sexual harassment and predatory behaviour can happen to anybody. When most people think about this type of conduct, it is generally in the context of male-to-female harassment or, perhaps more rarely, female-to-male harassment. However, this is simply not the case – sexual harassment can be perpetrated by anybody towards anybody. A recent decision of […]
Should the outcome of a workplace investigation be taken on review, the integrity of the evidence, amongst other aspects, will come under scrutiny. In cases where documentary evidence is relevant, it can be valuable to present expert evidence or obtain an opinion from a document examiner. But as a recent NSW case involving document […]
When faced with an allegation of serious misconduct made against a worker, an organisation may seek to suspend the respondent. But in what situations is it appropriate to take this kind of action? tHE LEGALITY OF SUSPENSION When taking the significant step of temporarily suspending an employee, an organisation must be able to demonstrate […]
A decision by the Queensland Court of Appeal highlights why employers must take into account the needs of workers with an acquired brain injury, in order to avoid being considered to have discriminated against them. In Chivers v State of Queensland (Queensland Health), the Court of Appeal heard a case pursued by Ms Chivers, […]
In a recent decision of the Fair Work Commission (FWC), a nurse has been reinstated following her termination in circumstances where covert video surveillance was the ‘sole foundation’ of allegations against her. The FWC also found that her employer’s human resources department acted incorrectly and inappropriately in the circumstances surrounding her dismissal. facts of […]
The matter of Matthew v Winslow Constructions Pty Ltd brings to light the importance of duty of care in a sexual harassment matter. The Supreme Court of Victoria has awarded an employee over $1.3 million in damages after finding that her employer was negligent in failing to provide a safe working environment and allowing her to […]