Poor Performance vs Poor Conduct
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...
What is Constructive Dismissal?
Constructive dismissal occurs when the conduct of an employer is so "harmful, adverse or unfriendly to" the contract of employment and the employer/employee relationship that the employee could not be expected to put up with it and offers a resignation. Constructive...
How To Prevent Unfair Dismissal Cases
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 Or Harassment? That Is The Question
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...
Protecting yourself against workplace underpayments claims
It is crucial to understand your requirements and obligations as an employer when it comes to workplace underpayments claims. In in 2017 the Protecting Vulnerable Workers Act introduced a reverse onus of proof for underpayment claims whereby the evidentiary burden is...
The Repercussions of Restaurant Underpayments of Wages
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...
Mandatory policy requirements under the new whistleblower laws
Whistleblower protections in the corporate sector have been bolstered by new amendments designed to encourage the disclosure of corruption, fraud, tax evasion, and misconduct. Most notably for industrial relations practitioners, the amendments have introduced...
Reviewing Workplace Policies and Procedures
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 – when is the next review date scheduled? The review may...
Managing Sexual Harassment Claims
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 2018 a national survey on sexual harassment found that 23% of women and 16% of men in the Australian workforce...
Conducting effective disability services investigations
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...
Discrimination, Bullying or Harassment?
The Human Rights Commission is currently conducting 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...
Creating A Return To Work Program
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...