Unfair Dismissal Vince Scopelliti – Monday, August 02, 2021 A QLD Worker has won an #UnfairDismissal case after being terminated by his employer for refusing to carry out work that they believed to be unsafe. It was held that the employees have the right to refuse to perform unsafe work that would expose them to […]
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 19, 2020 The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing […]
Vince Scopelliti – Wednesday, January 29, 2020 Perhaps one of the most vexed issues employers face is how to terminate employees without exposing the organisation to the risk of a successful unfair dismissal action. In light of the 15 January updates to the Fair Work Commission (FWC) Unfair Dismissals Benchbook, these two unfair dismissal cases […]
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? […]
There is a high likelihood that every employer will have to deal with action – or at least the threat of action – involving the Fair Work Commission (FWC). Let’s take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim. […]
Employers often face a quandary in dealing with underperformers, and whether to place them onto a performance management program. It’s essential that any such move can always be considered to be ‘reasonable management action’ in response to inappropriate behaviours or inadequate or unsatisfactory performance, and not simply a way of bullying an employee. Let’s take […]
How many times have you wished you had a record of a conversation? Perhaps you would have liked evidence of what was said, or you would have appreciated being able to play a conversation back for training purposes. Whatever the reason, we examine the legality of recording conversations in Australia. when can you record a […]
For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? […]
In recent years, there have been a number of cases heard in the Fair Work Commission and the courts which have resulted in important practical outcomes and learnings for employers, particularly in the area of workplace bullying. Let’s take a look at some of these seminal cases. volunteers can pursue bullying claims The decision in […]