by JFM Team | Sep 29, 2020
An interesting unfair dismissal case which shows the importance of affording an employee procedural fairness in a summary dismissal (which sometimes seems counter-intuitive). Some facts below: The applicant was a shopfitter and cabinetry maker for about 5 years. The...
by JFM Team | Nov 29, 2019
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...
by JFM Team | Aug 8, 2019
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...
by JFM Team | Jun 12, 2019
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...
by JFM Team | Feb 28, 2019
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...
by JFM Team | Sep 19, 2018
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...
