is an employee obliged to divulge facts about their partner? In a recent matter before the Fair Work Commission – Lakatos v Termicide Pest Control Pty Ltd – the short answer to the above proposition was ‘yes’. The employee, Ms Lakatos, refused at first instance to answer questions posed by her employer regarding her fiancé’s […]
Confidentiality Should Be No Surprise In a recent case involving a union delegate acting as a support person and a breach of confidentiality, the Fair Work Commission noted that those acting as support people during workplace disciplinary processes must be clearly informed by the employer about their obligation to maintain confidentiality. This might seem to […]
The Fair Work Commission (FWC) has criticised the Department of Defence for its dismissal of an employee for excessive personal internet browsing, and the use of an anonymous search engine. The dismissal took place after a workplace investigation which the commission deemed to be unfair and unreasonable. During the investigation of the employee, the Department […]
A recent attempt by a former employee to take action against ANZ bank for bullying has been dismissed due to the fact that the employee is no longer working for the bank. According to the deputy president of the Fair Work Commission, the employee had no reasonable prospects of success so continuation of the case […]
Last week the Fair Work Commission ruled in favour of a teacher who appealed against unfair dismissal after 37 years of service. The appeal was granted in spite of recognition that there was a valid reason for him not to be reinstated. In the ruling the Fair Work Commission stated that the employer […]
A recent case determined by the Fair Work Commission provides some important lessons for employers about bullying dismissals. In Harris v Workpac Pty Ltd [2013] FWC 4111 the Commission found in favour of the applicant and determined that her dismissal for gross misconduct for bullying a co-worker was unfair. Mrs Harris was dismissed on 20 […]
New federal legislation passed this month means employers will need to pick up their game when managing complaints of workplace bullying. Prevention is the best place to start. However, putting in place suitably qualified staff capable of conducting robust investigations and managing difficult cases is an essential strategy for any employer. Previously, the investigation of […]
Joanne was keen to take up a new position in an office she had previously worked in. She looked forward to working with former colleagues. But far from being greeted with the bonhomie and friendship she had been familiar with, she was met with the cold shoulder. Excluded from morning teas and team lunches, no […]
By WISE Legal Counsel Alison Page Investigators can learn a valuable lesson from an unfair dismissal decision by the full bench of the Fair Work Commission, handed down in March 2013. Although the case was concerned with the application of regulations in the child care industry, it is a timely reminder not to make assumptions, […]