As another year gets underway, it’s timely to look back at some of the most significant fair work and employment law-related decisions handed down during 2016, and the lessons employers can take away from these cases. In this two-part series, we first look at how general legal principles fit into the sphere of employment law. […]
Most workplace investigators operate fairly and thoroughly, producing high quality reports following each investigation. Yet oversights do occur – and some investigators have been known to miss vital clues or pieces of the workplace puzzle.Similarly, even though all essential material might be uncovered during an investigation, it still might not be accurately incorporated into the […]
In the recent case of Colin Wright v AGL Loy Lang, the full bench of the Fair Work Commission (FWC) was faced with an interesting conundrum – could the criminal law Pfitzner principle be legitimately applied to a civil matter? With the original decision on the point being in the negative, the appeal bench […]
Jill McMahon – Monday, January 18, 2016 It’s a good time to take stock and reflect on the year that was. The cases that hit the headlines in 2015 had some important messages for employers with some common themes. In this article, the first in a two-part series, we will look at how the Fair […]
When an employee is charged with a criminal offence, there can be a number of complications for the employer. For example, whether the employee is a fit and proper person to work in the organisation, whether they present a risk to the safety of other employees, and whether there might be negative publicity if they […]
With the federal government increasingly exercising its legislative muscle when it comes to workplace bullying, employers are expected to be vigilant in prevention and to properly deal with bullying when issues arise. One of the key areas is work health and safety (WHS) and the physical impact of workplace bullying. WHS requirements WHS legislation requires […]
There are special skills that come into play during any workplace investigative interview. Particular care is needed, however, when non-criminal elements of a child-related issue are under investigation. Criminal and civil investigative processes might both be required for the one workplace matter, and within each approach the challenges can be considerable. Child-related complexities At first […]
When Should a Matter be Handed to Police for Investigation? Police involvement in a workplace incident is an unwelcome prospect for any organisation. It is often difficult for employers to know what matters should be reported to the police, at what stage of the process to contact the police, and how to proceed once the […]
You Just Discovered a Worker May Be a Paedophile: What Now? Finding out that someone you know might be a paedophile can cause quite a shock. And when that person is an employee, a whole raft of questions can surface at once. Who reported this, and in what manner? How should you go about finding […]
What is “sexting”? “Sexting”, (the creation, possession and transmission of sexually suggestive or explicit messages or images), is all the rage with seemingly even the most conservative of your employees potentially drawn into seductive messaging over their phones. However, employers who employ young people may need to consider the potential criminal ramifications when they are […]