Author: Eden Elliott – Wednesday, July 01, 2020. Despite decades of effort and improvement in Australian workplace legislation and culture, sexual harassment is, unfortunately, still a real and prevalent issue,…
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 05, 2020 We are all familiar with the more obvious signs of workplace discrimination; but with targeted racism and xenophobia spreading faster than the Coronavirus, it is vital to be aware of the more nuanced and subtle acts of discrimination at work. Queensland has seen MP Duncan […]
How Fact-Finding and Disciplinary Investigations Differ Vince Scopelliti – Tuesday, February 25, 2020 When dealing with allegations of staff misconduct, employers must be able to clearly delineate between fact-finding and disciplinary investigations. This includes communicating the difference to staff involved in the process. fact-finding vs formal investigation A ‘fact-finding’ process is often a necessary preliminary […]
Vince Scopelliti – Thursday, January 16, 2020 Volunteers can be a fabulous resource in any business. Generally, they bring enthusiasm, true passion for the organisation’s ethos and purpose, and a “can-do” attitude to the job. However, volunteers in the workplace can also bring their own set of challenges for organisations. Even though they are not […]
Unsurprisingly, the access to pornography can be extremely problematic in the workplace. Not only does the access to pornography at work open up a minefield of possible harassment and other sexually motivated complaints, it contributes significantly to presenteeism (where staff are physically present but not concentrating on their jobs). Indeed, according to a report […]
Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely “open and shut”. Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure. Let’s […]
Procedural fairness must be top of mind, for all organisations when conducting a workplace investigation. Failing to allow an employee sufficient time to respond to an allegation or taking a pre-determined view of the outcome of an investigation, for example, proceeding with terminating employment, can leave an employer open to an unfair dismissal claim. The […]
In the highly-anticipated decision of Comcare v Banerji, the High Court has found it is not unconstitutional for the federal government to restrict the rights of public servants to express their political views in a public forum. So what does this decision mean for employees, freedom of political communication and the right to free speech? […]
An ever-increasing key dilemma for employers in the modern age is how to deal with the misconduct by staff through their use of social media platforms. The list of potentially offending conduct is lengthy. For example, staff might call in sick but then post details of their activities on social media. Employees could post inappropriate, […]
Alcohol and workplaces never mix well. No matter the sort of work they do, employees should not be in the workplace when they are under the influence or still suffering the effects of alcohol consumption. This includes drinking at work or immediately before starting work, and those who are still impacted by a big night […]