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...
Workplace Investigations: Policies And Practice

Workplace Investigations: Policies And Practice

Investigations can often lead to disciplinary proceedings or termination and, in turn, claims for unfair dismissal. It is important to ensure that they are conducted properly and with regard to all relevant legal standards. Many employers have complaints and workplace...
13 Tips For Effective Workplace Investigations

13 Tips For Effective Workplace Investigations

Employers have a duty to investigate any alleged misconduct by their employees. However, undertaking a workplace investigation can be a difficult process for employers, with many legal obligations and duties to fulfil. A poorly conducted investigation may expose the...
Preparing For Workplace Investigations – What You Need To Know

Preparing For Workplace Investigations – What You Need To Know

While preparing for workplace investigations, you should be aware that there may be a process to comply with in relation to your type of business. Milam v University of Melbourne – a workplace investigations case study The recent decision in Milam v University...

Is Sexual Harassment Widespread And Pervasive?

Despite the efforts of the #MeToo movement and the increasing global awareness of sexual harassment in the workplace, it continues to be prevalent and damaging in Australian workplaces. According to the Commissioner Kate Jenkins, only 17% of people who experience...