Poor Performance vs Poor Conduct

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 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...
How To Prevent Unfair Dismissal Cases

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...
Reviewing Workplace Policies and Procedures

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...