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, […]
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, […]
Tiptoeing Through the Minefield of Raising Allegations There’s an awful lot at stake when conducting workplace investigations, and so they need to be handled with care and skill. It really is like tiptoeing through a minefield. One wrong move can cause an explosion of legal consequences that may harm your organisation. One key area of […]
Performance Management or Bullying? Finding the Line Being a manager is a tricky business. Not only are you responsible for your team meeting its targets and goals, but you must manage employees with a diverse range of personalities and abilities. It’s often difficult to walk the line between effective management, and risking claims of […]
Reasonable Action? FWC ruling on Willis In a recent matter before Commissioner Lewin of the Fair Work Commission (FWC), some rather interesting findings were made around the question of ‘reasonable management action’. The case in question, Willis v Gibson & Anors, highlighted the reality that a jurisdictional challenge made upon such a basis will be […]
Workplace Bullying and the Meaning of “At Work” The full bench of the Fair Work Commission (FWC) recently conducted a detailed analysis of the phrase ‘at work’ relevant to workplace bullying. The findings provide an insight into the possible meanings of this deceptively simple term. And with the advent of social media as a means of […]
Drinking on the Job: Expensive Lessons for Employers History shows that a group of co-workers letting their hair down at an office function can sometimes lead to regrettable outcomes. Yet it doesn’t necessarily follow that a worker’s dubious behaviour will amount to serious or gross misconduct. A recent case in the NSW District Court highlights […]
The Cost of Ignoring Verbal Reports of Sexual Harassment The recent matter of Trolan v WD Gelle Insurance and Finance Brokers is notable for a number of interlinked reasons. Damage and loss caused by the sexual harassment and bullying behaviour in question led to the sizable sum of $733,723 in compensation being awarded to the […]
Shades of Grey: Raunchy Material and the Lessons From Shea In the recent costs hearing for Shea v EnergyAustralia Services Pty Ltd, Federal Court Justice Jessup helpfully took the opportunity to summarise the findings of Justice Dodds-Streeton regarding the original unfair dismissal proceedings. There, Ms Shea had unsuccessfully sought relief against alleged adverse action […]
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 […]