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 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 […]
So much of our lives are lived online these days, and even workplace bullying has made the leap to cyberspace. As one recent case before the Fair Work Commission (FWC) illustrates, employers need to be vigilant about what happens both in the office and online, as bullying spills beyond the boundaries of the physical workplace […]
The current Royal Commission uncovering shocking examples of institutional child abuse has brought the issue to the forefront of our national consciousness. It is perhaps unsurprising, then, that some authorities get jittery about their role in protecting such a vulnerable section of the population. But sometimes, the very system that is supposed to protect in […]
In hindsight, a workplace bullying situation can seem both regrettable and avoidable. Yet time and again, we find that the circumstances leading to the making of a bullying complaint were predictable, or at least displayed a reasonable risk of complaints of bullying occurring. What we can all agree on is by the time a complaint […]
It is not uncommon that following a workplace investigation, the former employee raises allegations that the process was procedurally flawed. In addition to considering the investigation process, we need to be aware that the standard of proof used to make any findings may be called into question. In other words, although the investigator may […]
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 […]
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 […]
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 […]
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 […]