Child protection and child abuse are issues of such a serious nature that they’re currently the subject of their own Royal Commission. But a recent decision of the Fair Work Commission (FWC) seems to fly in the face of the Royal Commission’s recommendations, as well as the advances in reportable conduct legislation in NSW. […]
If you’ve ever conducted a disciplinary interview with an employee, you may have asked them if there are things they’d like you to take into account when making your decision about how to handle the matter. These are often referred to as ‘mitigating factors’, and are an important part of the disciplinary process. But we […]
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 […]
Not all communications are fair game in legal proceedings. Many are protected by a concept known as legal professional privilege (LPP). LPP allows parties to seek and consider legal advice without fear of disclosure, but there are also strict rules about when LPP exists, and when it is waived. This has been brought sharply […]
Jill McMahon – Monday, January 25, 2016 Here at Wise Workplace, we’ve been focused recently on reviewing the past in order to learn for the future. Last week’s blog, part 1 of our two-part series on lessons employers can take from 2015, highlighted some important case law around the themes of bullying and the definition […]
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 […]
A recent decision of the Victorian Supreme Court in the case of a Melbourne teacher who was sacked for having a relationship with a student after she left school raises some serious questions about child protection, and shows how discrimination laws worked against a school that was acting to enforce child protection principles. […]
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 […]
In January 2014, the anti-bullying provisions of the Fair Work Act came into effect. They included provisions for Stop Bullying Orders (SBOs). In this article, we take a look at how the SBO system is working so far. Why were the orders introduced? Early intervention in workplace bullying is essential to prevent further harm to […]