Aged care providers have been in the media spotlight in recent weeks. While some are alleged to have financially exploited the elderly others are alleged to have provided a substandard level of care. Research conducted by Curtin University in 2015 suggests that some 167,000 older Australians may be subject to abuse annually. Like many […]
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 […]
One of the most challenging aspects for employers attempting to deal with workplace bullying or misconduct is getting to the truth of allegations, especially in circumstances where the apparent victim’s version of events contradicts that of the alleged bully. Most of the time, this disparity can be put down to differences of opinion or misinterpretation […]
A recent decision of the Australian Information Commissioner has confirmed that certain categories of internal documents cannot generally be forced to be the subject of a disclosure process. The decision, which was handed down by Commissioner Tim Pilgrim on April 5, 2017, arose from a refusal by Australia Post to produce documents to a […]
It is a great tragedy that the most vulnerable people in society – children, the elderly and the disabled – often fall victim to the most heinous types of abuse in care settings. In some cases, the abuse can be obvious, such as when there is physical assault that results in visible injuries. At other […]
It is quite clear that employers in aged, disability and other care environments do their best to keep staff and clients safe, yet one dark phenomenon that can raise its ugly head in care contexts is abuse by carers. For many complex reasons, vulnerable people such as the aged, children, and disability clients, can […]
In the conduct of any workplace investigation, it can sometimes be tempting to hurry past those alleged facts that appear “perfectly clear”. Such perceptions arise when we draw together two or more related elements from an investigation, add our own assumptions on the matter, and infer from this a particular conclusion. Unfortunately, such inferences almost […]
Some of the important decisions handed down in the employment law world during 2016 would have left more than one employer very glad that they were not the ones facing the Fair Work Commission! In part 1 of our year-end review of the cases of 2016, we covered the interplay between employment law and […]
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 […]