A Notice To Show Cause is a document issued by NSW Fair Trading that acts as the first step towards disciplinary action initiated by NSW Fair Trading. The NTSC provides several key pieces of information including: A description of the alleged misconduct, The specific...
In our article, Have you received a notice from NSW Fair Trading relating to Green Skills Australia?, we explained how NSW Fair Trading issued Notices to Show Cause to tradespeople who have obtained their qualification from Green Skills Australia (Daily Update Pty...
Tradespeople with many years’ experience who have a clean record with NSW Fair Trading have now been served with a Notice to Show Cause which could hinder their ability to operate within the industry. NSW Fair Trading regulate the home building industry and have...
While the Fair Work Ombudsman may appear to some employers mostly as an agent designed to enforce Fair Work legislation, they also serve a very helpful purpose by providing advice and education to businesses and employers in general. Points to bear in mind If you are...
Australian employment law differentiates between poor performance and poor conduct. Poor performance is a failure to complete work, tasks or duties to the required standard. Poor conduct is misconduct in the workplace such as consistently being late to work, acting...
Constructive dismissals occur when an employer acts in a way that is so "harmful, adverse or unfriendly" to the point of damaging the employer/employee relationship beyond repair and the employee is left with no other reasonable option but to resign. A complicated...
Claims of unfair dismissal arise in many different circumstances, but all are costly and inconvenient. Catch the potential trouble before it starts. Here are some recent unfair dismissal cases and the procedures that could have avoided them. Case #1 Not Having...
Bullying and harassment in the workplace will always be with us. For example, in a recent report, London researcher Cecilia Harvey drew attention to the “Queen bee syndrome”, which occurs where women “use their social intelligence to manipulate relationships or damage...
Recent cases of restaurant underpayments have drawn significant media attention. One such case is the alleged denial of employee wages by high-end restaurant chain Rockpool. The restaurant has been accused of tampering with pay and time-sheet software to make...
Whistleblower protections in the corporate sector have been bolstered by amendments designed to encourage the disclosure of corruption, fraud, tax evasion, and misconduct. Most notably for industrial relations practitioners, the amendments introduced mandatory...
It's good practice to keep your workplace policies and procedures up to date, as legal requirements and your business change over time. Questions to consider: 1. When was the policy or procedure last reviewed and when is the next review date scheduled? The review may...
Given the shocking prevalence of sexual harassment in the workplace, it is essential that employers are aware of how to manage sexual harassment claims. In 2022 a national survey on sexual harassment found that 41% of women and 26% of men in the Australian workforce...
Employees of disability services organisations, should present themselves in an exemplary manner. Any issues or complaints in relation to an employee or their work manner should be dealt with promptly to avoid any risks that may occur. Successful outcomes are achieved...
The Human Rights Commission has conducted the world's first enquiry into sexual harassment in the workplace and the adequacy of the existing legal framework, including a review of complaints made to state and territory anti-discrimination agencies. Sex Discrimination...
Instituting return to work arrangements It is a requirement that each employer creates a return to work program within 12 months of becoming an employer. This program must be redeveloped every two years in consultation with employees and any relevant unions. The...
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