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?

What is Constructive Dismissal?

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...

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 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...

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...