If you have been the victim of bullying, the HR department in your organisation is generally the first port of call for raising your concerns. It can be mentally or emotionally challenging to make a complaint to HR. You may feel exposed or vulnerable because you are concerned that your complaint may not be believed, […]
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. […]
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 […]
We understand that when business owners have a strong hunch regarding an employee’s dubious behaviour, their instinct can be to act in a fast and decisive manner. Often angered and sometimes caught off guard by what appears to be serious misconduct, employers can be tempted to deal with a worker’s blatant misconduct at once – […]
The ‘reasonable person’ test is one of those legal quirks that form an enduring part of the common law, despite being very hard to actually define. One human causing damage to another is certainly a tale as old as history itself. And judges in various forms have always had the task of determining if the […]
We understand that it can seem unfair when the label ‘bully’ crops up in the workplace – particularly when no harm was ever actually intended. We’re all aware of the importance of intent when we look at matters in the criminal space; without identifiable intent, any prosecution team certainly faces an uphill battle. […]
In the often stormy seas of workplace investigations, the issue of investigator bias lurks in the undercurrents, a trap for the unwary employer. One of the most regular complaints we hear from people who have been the subject of an investigation is that the investigator was biased and the decision was predetermined, and they […]
Rules of evidence exist to ensure that court hearings are properly and fairly conducted. They are enshrined in legislation. To be admissible, each piece of evidence must satisfy all the checks and balances set out in the legislation. EVIDENCE AND THE Fair Work Commission (FWC) The FWC is not bound by the rules of evidence […]
Jill McMahon – Monday, December 14, 2015 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The issue of circumstantial evidence can often arise in workplace investigations, and there can sometimes be confusion about how to […]
Jill McMahon – Monday, November 23, 2015 Even the simplest of workplace investigations can be a tricky balancing act. You need to consider how to investigate the matter, collect evidence and adhere to various laws, all the while having regard to employee welfare and the needs of your organisation. Strategy is a key element of […]