John Morrissey | JFM Law

What you should know about using CCTV cameras in the workplace

John Morrissey — Wed, 19 Feb 2020 00:12:30 +0000

As an employer, you might think it a good idea to use CCTV cameras in the workplace to confirm your suspicions about an employee’s poor performance. But you could find yourself facing unfair dismissal charges. Krav Maga Defence Institute is an organisation teaching self-defence techniques based on the training provided to the Israeli Army. It […]

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An unfair dismissal payout can be costly

John Morrissey — Sun, 16 Feb 2020 22:37:15 +0000

A case from 2018 highlights several problems connected with dismissal of employees, and led to a costly unfair dismissal payout for employers. The case was that of Knutson v Chesson Pty Ltd. Chesson P/L trades as PayPerClick and specialises in performance-based digital marketing solutions. Chessons’ failure to follow correct disciplinary and termination procedures when dealing with MS […]

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How to deal with flexible working arrangements requests

John Morrissey — Fri, 24 Jan 2020 03:50:40 +0000

Flexible working arrangements have been a source of discontent in some workplaces since the introduction of the Fair Work Act in 2009. At issue have been the extension of flexibility for family reasons to fathers as well as mothers, and possible disruptions to the workplace caused by some workers having different hours from others. In […]

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Dealing with the Fair Work Ombudsman

John Morrissey — Mon, 06 Jan 2020 21:54:19 +0000

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 an employer and are unsure of your Fair Work […]

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Poor Performance vs Poor Conduct

John Morrissey — Fri, 29 Nov 2019 05:59:34 +0000

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 inappropriately among other staff or other forms of misconduct. Dealing with minor poor performance Minor issues of […]

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What is Constructive Dismissal?

John Morrissey — Thu, 21 Nov 2019 05:58:46 +0000

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 dismissal is therefore in reality a forced resignation. A complicated case which helped to define constructive […]

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How To Prevent Unfair Dismissal Cases

John Morrissey — Fri, 15 Nov 2019 05:32:08 +0000

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 Procedures In Place A Sydney puppy farm’s reasons for dismissing a casual kennel hand […]

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Bullying Or Harassment? That Is The Question

John Morrissey — Tue, 12 Nov 2019 05:31:24 +0000

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 colleagues’ reputations”. She went on to say: “Queen bees are women [who] treat colleagues […]

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Reviewing Workplace Policies and Procedures

John Morrissey — Mon, 07 Oct 2019 23:36:13 +0000

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 also be because of a workplace incident or problem: don’t wait […]

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Managing Sexual Harassment Claims

John Morrissey — Sun, 06 Oct 2019 22:23:00 +0000

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 had experienced some form of workplace sexual harassment. Sexual harassment […]

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Discrimination, Bullying or Harassment?

John Morrissey — Sat, 28 Sep 2019 03:18:18 +0000

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 Discrimination Commissioner, Kate Jenkins, has drawn attention to the fact that the laws surrounding workplace misbehaviour overlap […]

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Creating A Return To Work Program

John Morrissey — Sun, 22 Sep 2019 02:11:26 +0000

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 program needs to include the following things: a. Policies for preventing workplace injuries. […]

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